Rayner v Rayner [2019] NSWSC 714

Supreme Court New South Wales

Medium Neutral Citation: Rayner v Rayner [2019] NSWSC 714 Hearing dates: 11 June 2019 Date of orders: 11 June 2019 Decision date: 11 June 2019 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Leave to the plaintiff to file in court the notice of motion dated 11 June 2019, as well as leave to file in court the affidavit of Timothy James Lynch sworn 11 June 2019.

(2) The plaintiff is to serve by email upon the defendant herself, as well as her solicitor Mr Hawach of McAuley Hawach Lawyers, a copy of the notice of motion and affidavit, as well as notifying both the defendant and Mr Hawach of the orders I have made today.

(3) An affidavit sworn or affirmed by the plaintiff detailing the date upon which he received various notices, as well as the times at which he instructed Mr Lynch, is to be filed and served and provided in electronic form to my Associate by 5pm 12 June 2019.

(4) Pending further order, the order for possession of the subject premises be stayed until 9am Friday 14 June 2019.

(5) I list the matter at 2pm Thursday 13 June 2019 before me.

(6) Any other evidence upon which the plaintiff wishes to rely in support of the notice of motion, in addition to the affidavit of the plaintiff that I have required, is to be filed and served by 5pm on Wednesday 12 June 2019, with an electronic copy to be provided to my Associate. (7) I also give liberty to apply by email to my Associate on 24 hours' notice. Catchwords: LANDLORD AND TENANT – notice of motion – ex parte application for stay of possession order made by New South Wales Civil and Administrative Tribunal pending appeal – short stay granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 50 Category: Procedural and other rulings Parties: Gary John Rayner (Plaintiff) Ashlee Evelyn Rayner (Defendant) Representation: Solicitors: Beswick Lynch Lawyers (Plaintiff) File Number(s): 2019/177998 Publication restriction: Nil