Pascoe v Maynes [2013] NSWSC 918

Pascoe v Maynes [2013] NSWSC 918

The evidence established that the defendants had been served or were aware of the proceedings, that the plaintiffs were the registered proprietors as trustees of the defendants' bankrupt property, and that the defence disclosed no answer to the claim for possession. The plaintiffs were therefore entitled to summary judgment, vacant possession and a writ of possession.

Jurisdiction
Australia
Judgment Date
09 July 2013
Procedural Posture
Notice of Motion for Summary Judgment, Vacant Possession and Writ of Possession in Possession of Land Proceedings / Ex Parte Hearing of Notice of Motion
Outcome
Notice of motion granted; summary judgment entered for the plaintiffs with orders for vacant possession, a writ of possession and costs.
Legal Topics
['possession of Land' 'summary Judgment' 'deemed Service' 'vacant Possession' 'writ of Possession' 'costs']
['civil Procedure' 'bankruptcy' 'property Law'] ['possession of Land' 'summary Judgment' 'deemed Service' 'vacant Possession' 'writ of Possession' 'costs']

Case Brief

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Procedural Posture

Notice of Motion for Summary Judgment, Vacant Possession and Writ of Possession in Possession of Land Proceedings / Ex Parte Hearing of Notice of Motion

Legal Issues

  1. 1 ['Whether personal service of the statement of claim should be dispensed with and service deemed effective.' 'Whether the plaintiffs were entitled to summary judgment for possession of the property.' 'Whether the defendants should be ordered to give vacant possession and a writ of possession should issue.' "Whether the defendants should pay the plaintiffs' costs."]

Ratio Decidendi

The evidence established that the defendants had been served or were aware of the proceedings, that the plaintiffs were the registered proprietors as trustees of the defendants' bankrupt property, and that the defence disclosed no answer to the claim for possession. The plaintiffs were therefore entitled to summary judgment, vacant possession and a writ of possession.

Court Disposition

Notice of motion granted; summary judgment entered for the plaintiffs with orders for vacant possession, a writ of possession and costs.

Orders

  • ['That personal service of the statement of claim be dispensed with.' 'That the statement of claim be deemed to have been served on the defendants on 11 June 2013.' 'That there be summary judgment for the plaintiffs.' 'That the defendants give vacant possession of the property within 21 days of the date of this...