Lawrence v Gunner

In *Lawrence v Gunner*, the appellants sought a stay of enforcement of orders made by Stevenson J on 21 August 2015, which had remitted possession proceedings to the NSW Civil and Administrative Tribunal (NCAT) for the making of orders terminating a residential tenancy agreement and granting possession. The respondents sought to enforce these orders.

The primary legal issue before Gleeson JA was whether there were arguable grounds of appeal against Stevenson J's orders, and if so, where the balance of convenience lay in granting a stay pending the determination of the appeal. The appellants indicated an intention to rely on further evidence on appeal and challenged findings based on credibility.

Gleeson JA determined that there were arguable grounds of appeal, particularly concerning the admission of further evidence and the challenge to credibility findings. The court considered the balance of convenience, noting the potential prejudice to both parties. Ultimately, a partial stay was granted, allowing for the enforcement of the orders up to a specified monetary amount ($15,000 plus interest), while the remainder of the enforcement was stayed pending the appeal. The applicants' motion was otherwise dismissed, with costs reserved.