Trentelman v The Owners – Strata Plan No 76700

55 NSWLR 737; [2021] NSWCA 62

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Stay of execution pending appeal
3. › Interlocutory relief
4. › Whether appeal reasonably arguable
5. › Whether appellant demonstrated significantly greater prospect of success
6. › Balance of convenience
7. › Whether stay appropriate where injunctive relief granted at first instance
1. Equity
2. › Estoppel
3. › Proprietary estoppel
4. › Reliance
5. › Whether inference of reliance sufficient
6. › Whether terms of interest need to be formulated before estoppel can arise

Quick Take

Unsupported assertions of concern about tenant loss and past incidents of violence (where the legal position will be clarified by the court's orders) are unlikely to satisfy the balance of convenience test in applications for stays of execution pending appeal.