Mendonca v Mason [2013] VSCA 280

The tenant appealed against the court’s refusal of an injunction to restrain a mortgagee eviction.

The Court of Appeal held that the decision of the judge was neither in error nor worked a substantial injustice to the tenant and dismissed the appeal. The Court found that the judge’s assessment that the tenant’s prospects of ultimate success were low was clearly upon on the evidence and issues. The tenant’s argument that his sentimental attachment to the premises meant damages was not an adequate remedy failed.

The Court of Appeal said:

In the same way that sentimental attachment has been held in other circumstances to be of limited relevance in determining whether a stay of a judgment for possession should be ordered, in my opinion it was a matter of insignificance in the determination of any of the issues in this case.

Click here to read the full judgment

Scroll to Top