Sinanovic v Portbear Pty Ltd

In the Supreme Court of New South Wales, the applicant, Mr. Sinanovic, sought judicial review of a District Court decision that upheld a Consumer, Trader and Tenancy Tribunal (CTTT) order terminating his lease due to unpaid rent. The respondent, Portbear Pty Ltd, had filed a cross-claim seeking the outstanding rent arrears. Mr. Sinanovic had also filed a notice of motion seeking to suspend the execution of a sheriff's warrant for possession of the premises.

The court was required to determine whether to grant a stay of the warrant for possession and, in doing so, consider the application of section 89(3) of the Residential Tenancies Act 2010, which provides an opportunity for a tenant to pay rent arrears. The court also needed to address the procedural requirements for the applicant's ongoing judicial review proceedings under section 69 of the Supreme Court Act 1970.

The court reasoned that a temporary stay of the warrant was appropriate to allow the applicant an opportunity to remedy the breach. This decision was informed by the provisions of section 89(3) of the Residential Tenancies Act 2010. The court ordered that the warrant be stayed for 14 days, conditional upon the applicant paying a significant sum towards the rent arrears and providing his current residential address. The applicant was also required to file an amended summons detailing the grounds for his judicial review claim within 28 days. Failure to comply with these conditions would result in the automatic discharge of the stay.

The court ordered that the applicant pay the respondent's costs of the notice of motion. The applicant was granted liberty to apply for an extension of time to file the amended summons if the judgment of the District Court judge was delayed. Liberty was also granted to either party to apply for further orders on short notice until 8 June 2012.