Elddin v Hamed [2015] NSWSC 1145

The tenants lost their previous fight against the registered owner who was granted possession, appealed and sought a stay of eviction on the basis of their appeal.

The court refused the stay given the history of the litigation, the fact that judgment in the earlier case gave alternative grounds for rejecting the tenant’s claims so all of the grounds of appeal would need to succeed, not just one. A purported equitable interest cannot trump a registered owner’s right to possession, and there is nothing to prevent the tenants returning to possession if they were to win on appeal.

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