Yeshiva Synagogue Inc v Karimbla Properties (No 10) Pty Ltd

Yeshiva Synagogue Inc and others (the applicants) sought a stay of declarations made by the primary judge, which rejected their claimed right of continuing occupation under separate Deeds, in proceedings against Karimbla Properties (No 10) Pty Ltd (the respondent). The applicants faced the threat of immediate eviction as their leases were due to expire. The application was heard by Basten JA in the Court of Appeal of New South Wales.

The central legal issue before the Court of Appeal was whether to grant a stay of the declarations pending an appeal. This required the court to consider the merits of the proposed appeal and to weigh the potential hardship or prejudice to the applicants if a stay was not granted against the respondent's interests. The court was exercising its discretion in determining whether to grant the interlocutory relief sought.

Basten JA dismissed the motion for a stay. While acknowledging the potential hardship to the applicants, the court found that the merits of the proposed appeal were not sufficiently strong to warrant granting the stay. The court also made directions regarding the filing of the notice of motion, the preparation of submissions and appeal books, and set a date for a concurrent hearing of any application for leave to appeal and the proposed appeal. The applicants were ordered to pay the respondent's costs of the motion.