Mackie v Rowell

In the matter of Mackie v Rowell, the dispute involved a residential tenancy that was terminated, with a warrant of possession issued. Following the issuance of the warrant, Vanessa Mackie applied to stay the execution of the warrant. The stay was granted subject to certain conditions, which were not met. The case was heard in a minor civil dispute tribunal. The primary legal issue before the court was whether the stay on the warrant of possession should be revoked due to non-compliance with the conditions of the stay. Additionally, the court needed to determine what orders should be made in relation to the execution of the warrant and any further proceedings by Mackie.

The court found that Mackie had not complied with the directions and affidavit conditions set for the stay of the warrant of possession. The non-compliance included failure to adhere to the specified time frames and provide necessary information. As a result, the court revoked the stay on the warrant of possession. The court re-instated the warrant to take effect on a specified date, with a limitation on the hours during which entry could be made. Furthermore, the court directed Mackie to inform the Tribunal by a specified date whether she intended to proceed with an application for leave to appeal or an appeal. Failure to comply with this direction would result in the dismissal of her application for leave to appeal or appeal.

The court's orders reinstated the warrant of possession, setting it to take effect on a particular date and to remain in effect for a specified duration. It also imposed restrictions on the timing of the entry under the warrant. The court mandated that Mackie must notify the Tribunal of her intentions regarding an appeal by a certain deadline. If she failed to do so, her application for leave to appeal or appeal could be dismissed. The decision underscored the importance of adhering to court-imposed conditions and timelines in tenancy disputes.