Michelle Ann Ehrenfeld and Gabriel Ehrenfeld v Nun Sun

The case involved Michelle Ann Ehrenfeld and Gabriel Ehrenfeld, who sought to extend a stay of orders made by the New South Wales Civil and Administrative Tribunal (NCAT) terminating their lease with Nun Sun due to unpaid rent. The matter was before the Supreme Court of New South Wales, which was asked to determine whether the stay should be extended given the circumstances of the case. The court had to consider the plaintiffs' previous extensions of time, their conduct in this court, their failure to seek expedition, and the inherent weakness of the procedural unfairness claim in the substantive matter.

The primary legal issue before the court was whether the stay should be extended, despite the plaintiffs' conduct and the weakness of their procedural unfairness claim. The plaintiffs argued that the NCAT had erred in law in setting aside the lease, and that the stay should be extended until the substantive proceedings were determined. The defendant, on the other hand, argued that the stay should not be extended, given the plaintiffs' previous extensions of time, their conduct in this court, and the inherent weakness of their procedural unfairness claim.

The court found that the plaintiffs' conduct and the weakness of their procedural unfairness claim were significant factors in deciding whether to extend the stay. The court noted that the plaintiffs had been granted multiple extensions of time to pay the rent, and had not sought expedition in this court. The court also found that the plaintiffs' procedural unfairness claim was inherently weak, as it was based on an argument that the NCAT had erred in law, which was unlikely to succeed. The court ultimately decided not to extend the stay, as the plaintiffs' conduct and the weakness of their procedural unfairness claim outweighed any other considerations.

The court ordered that the stay of the NCAT orders be lifted, and that the plaintiffs vacate the premises within 14 days. The court also ordered that the plaintiffs pay the defendant's costs of the application, on an indemnity basis.