Van Der Wolff v Van Der Wolff

In *Van Der Wolff v Van Der Wolff*, the applicant, Mr. Richard Van Der Wolff, sought a stay of certain orders made on 16 September 2024 in action number CIV-23-008449. The dispute concerned compliance with fire safety obligations concerning a property by a specified date.

The primary legal issue before the court was whether to grant a stay of orders 3, 4, and 5, and to vary order 6, in light of the applicant's submissions regarding his inability to comply with the original orders by the deadline. The court was also required to consider the consequences of non-compliance with the varied order.

Bleby Ex Tempore J found the applicant's submissions regarding his lack of confidence in meeting the fire safety obligations by the deadline persuasive, concluding that the time for compliance had passed. Consequently, the court ordered a stay of orders 3, 4, and 5. However, order 6 was varied to require the applicant to provide vacant possession of the property and adjacent right-of-way by 4:00 pm on 23 October 2024, including the removal of all personal property and equipment.

The court further ordered that if any personal property or materials remained on the property or right-of-way after the specified time, the real estate agent was authorised to arrange for their removal by professionals forthwith, with all associated costs to be borne by the applicant. Orders 1, 2, 7, 9, and 10 were to remain unchanged, and the costs of this interlocutory application were to be part of the costs on appeal.