Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 4) [2022] NSWSC 1050

Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 4) [2022] NSWSC 1050

Stay of execution of the writ of possession is lifted from 1 October 2022. Access for removal of property is provided until 31 July 2023 pursuant to the plaintiff’s undertaking, balancing the interests of landowner and third parties. No determination is made of ownership of property on the land.

Jurisdiction
Australia
Judgment Date
09 August 2022
Procedural Posture
Civil / Consequential Orders Following Judgment for Possession
Outcome
Stay of execution on writ of possession is lifted from 1 October 2022, subject to plaintiff’s undertaking. Consequential orders for reporting, liberty to apply, and refusal of subpoena.
Legal Topics
['enforcement of Judgments' 'stay of Execution' 'possession of Land' 'removal of Property' 'access to Land']
['property Law' 'civil Procedure'] ['enforcement of Judgments' 'stay of Execution' 'possession of Land' 'removal of Property' 'access to Land']

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Procedural Posture

Civil / Consequential Orders Following Judgment for Possession

Legal Issues

  1. 1 ['When and on what terms the stay of execution of writ of possession should be lifted' 'Access for removal of property' 'Whether further relief should be given to third parties with property on the land']

Ratio Decidendi

Stay of execution of the writ of possession is lifted from 1 October 2022. Access for removal of property is provided until 31 July 2023 pursuant to the plaintiff’s undertaking, balancing the interests of landowner and third parties. No determination is made of ownership of property on the land.

Court Disposition

Stay of execution on writ of possession is lifted from 1 October 2022, subject to plaintiff’s undertaking. Consequential orders for reporting, liberty to apply, and refusal of subpoena.

Orders

  • ['On and from 1 October 2022, set aside the stay on execution of the writ of possession.' 'Plaintiff undertakes to permit reasonable access to land for property removal by owners between 1 October 2022 and 31 July 2023.' 'Refuse leave to Historic Sites to issue subpoena.' 'Direct plaintiff to file progress report by...