Material change in circumstances needed to justify repeat stay application

Tuesday 24 May 2016

Hall v Elia, 11 March 2016 (Proudman J)

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Hall v Elia, 11 March 2016 (Proudman J)

A possession order was granted in respect of the property where E resided. She applied for a stay and was unsuccessful. She then sought to appeal against the underlying order and sought a further stay. This was refused. The fact that the appeal might be successful was not a sufficient basis to grant a stay application.

Applying the reasoning in Thevarajah v Riordan [2015] UKSC 78, [2016] 1 WLR 76 (a decision relating to relief from sanctions), an applicant making a repeat application should demonstrate a material change in circumstances. E had not demonstrated such a change and therefore would not be caused harm if the stay were refused.

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