Ehrenfeld v Nan Sun (No. 2)

In the case of Ehrenfeld v Nan Sun (No. 2), the parties were the landlord and tenant, who were in dispute over the termination of a residential tenancy agreement. The matter was before the court as the parties could not reach an agreement over the terms of a consent order that would finalise the proceedings. The injunction, which had expired, had previously restrained the landlord from acting on the decision of the NCAT to allow re-entry to the residential premises. Both parties appeared unrepresented by legal counsel.

The court was required to determine whether the consent orders proposed by the parties were appropriate and certain enough to finalise the dispute. The court also needed to ensure that the consent orders would reduce future disputation and give priority to the administration of justice for a final resolution. Additionally, the court had to consider whether the parties had paid the rental arrears and made an advance payment, which they had, and whether the consent orders were agreed upon by both parties.

The court held that the consent orders proposed by the parties were uncertain and inappropriate in form. Despite the parties agreeing on the form of the consent orders, the court found that the orders were not sufficiently precise to finalise the proceedings. The court also noted that the parties had agreed on the final date of occupation of the premises, which was an important factor in reaching a final resolution. The court ordered that the parties would prepare and lodge consent orders that would be certain and appropriate, and that would give effect to the agreement reached between the parties.

The final orders of the court were that the parties would prepare and lodge consent orders that were certain and appropriate, and which would give effect to the agreement reached between the parties. The court also noted that the parties had paid the rental arrears and made an advance payment, which was a positive step towards finalising the dispute. The court emphasised the importance of reaching a final resolution of the dispute and reducing future disputation.