Love by her tutor the NSW Trustee and Guardian v Love [2019] NSWSC 1746

Love by her tutor the NSW Trustee and Guardian v Love [2019] NSWSC 1746

The defendant produced no evidence or legal basis to set aside the judgment, stay the writ of possession, remove the tutor, or make the other orders sought. The owner of the property, through her financial manager, wished to sell it to pay nursing home fees, and the defendant had no interest in the property; any bare licence to occupy had been revoked.

Jurisdiction
Australia
Judgment Date
03 December 2019
Procedural Posture
Motion Concerning Judgment for Possession and Writ of Possession of Land / Urgent Application by the Defendant to Set Aside Default Judgment and Prevent Execution of a Writ of Possession
Outcome
The defendant's application was dismissed.
Legal Topics
['enforcement of Judgments' 'stay of Execution' 'writ of Possession' 'default Judgment' 'possession of Land' 'financial Management Order']
['civil Procedure' 'property Law'] ['enforcement of Judgments' 'stay of Execution' 'writ of Possession' 'default Judgment' 'possession of Land' 'financial Management Order']

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Procedural Posture

Motion Concerning Judgment for Possession and Writ of Possession of Land / Urgent Application by the Defendant to Set Aside Default Judgment and Prevent Execution of a Writ of Possession

Legal Issues

  1. 1 ['Whether the default judgment for possession should be set aside.' 'Whether execution of the writ of possession should be stayed or prevented.' 'Whether the defendant had any interest in the property justifying continued occupation.' 'Whether the tutor or financial manager should be removed or replaced on the evidence before the Court.']

Ratio Decidendi

The defendant produced no evidence or legal basis to set aside the judgment, stay the writ of possession, remove the tutor, or make the other orders sought. The owner of the property, through her financial manager, wished to sell it to pay nursing home fees, and the defendant had no interest in the property; any bare licence to occupy had been revoked.

Court Disposition

The defendant's application was dismissed.

Orders

  • ["The defendant's application is dismissed." "The defendant pay the plaintiff's costs of the motion."]