Capon v Snyman [2014] NSWCA 274

A tenant obtained a stay of eviction in relation to a home she was sub-leasing which had been the subject of an order for possession by the tribunal. Her tenancy expired and the court refused to grant her a further stay. She appealed the refusal of the stay.

Any appeal of a discretionary decision requires an error to have been made and the court found no prospect that the appeal would succeed because there was no evidence that the tenant had any right as against the owner to remain in possession. The court refused the stay.

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