It is not easy to persuade an appellate court to overturn a judgment when it was made, in the court below, in the exercise of a judicial discretion. However, in the context of orders sought on discretionary grounds, a tenant succeeded in getting an immediate order suspended in Laimond Properties Ltd v Raeuchle [2000] PLSCS 13, while a landlord managed to do the very opposite in Taj v Ali [2000] PLSCS 85.
Both decisions are carefully reviewed by Sandi Murdoch in
It is not easy to persuade an appellate court to overturn a judgment when it was made, in the court below, in the exercise of a judicial discretion. However, in the context of orders sought on discretionary grounds, a tenant succeeded in getting an immediate order suspended in Laimond Properties Ltd v Raeuchle [2000] PLSCS 13, while a landlord managed to do the very opposite in Taj v Ali [2000] PLSCS 85.
Both decisions are carefully reviewed by Sandi Murdoch in Suspense account, Estates Gazette 26 August 2000, p83.
