Trentelman v The Owners - Strata Plan No 76700

The applicant, Trentelman, sought a stay of execution of a judgment pending an appeal against the Owners - Strata Plan No 76700. The application was heard by Leeming JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant an interlocutory stay of execution. This required the Court to consider the established principles for granting such relief, particularly in circumstances where the appeal was conceded to be reasonably arguable. The Court had to assess whether the applicant had demonstrated a significantly greater prospect of success on appeal and weigh this against the balance of convenience.

Leeming JA noted that the applicant had not established a significantly greater prospect of success on appeal, which is a crucial element in determining the appropriateness of interlocutory relief. While the appeal was conceded to be reasonably arguable, this alone was insufficient to warrant a stay. The Court considered the balance of convenience and concluded that the threshold for granting a stay had not been met.

Consequently, the Court dismissed paragraph 2 of the notice of motion, which sought the stay of execution. Liberty to apply in respect of the interlocutory regime was granted on two business days' notice, and the question of costs relating to paragraph 2 of the notice of motion was reserved.