Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 5) [2023] NSWSC 781

Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 5) [2023] NSWSC 781

The reports showed substantial progress by Misthold and the Interested Parties in removing locomotives, carriages and railway equipment from the land; no application had been made for further orders despite earlier notice, and the Court encouraged completion of the remaining removal task without additional legal proceedings.

Jurisdiction
Australia
Judgment Date
06 July 2023
Procedural Posture
Consequential Orders / On the Papers; Post Judgment Reports on Progress in Removal of Railway Property Following Orders for Possession and Lifting of Stay of Execution of Writ of Possession
Outcome
Substantial progress in removal of railway items recorded; no application for further orders had been made; parties encouraged to complete removal without additional legal proceedings.
Legal Topics
['possession of Land' 'writ of Possession' 'stay of Execution' 'undertaking to Permit Reasonable Access' 'removal of Locomotives, Carriages and Railway Equipment' 'rail Infrastructure Manager']
['judgments and Orders' 'enforcement'] ['possession of Land' 'writ of Possession' 'stay of Execution' 'undertaking to Permit Reasonable Access' 'removal of Locomotives, Carriages and Railway Equipment' 'rail Infrastructure Manager']

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Procedural Posture

Consequential Orders / On the Papers; Post Judgment Reports on Progress in Removal of Railway Property Following Orders for Possession and Lifting of Stay of Execution of Writ of Possession

Legal Issues

  1. 1 ["Progress made in removing locomotives, carriages and railway equipment from the land after the stay of execution of the writ of possession was lifted subject to Misthold's undertaking to permit reasonable access." 'Whether any application had been made for further orders to ensure that the relief granted in the proceedings was effective for railway items not removed by the time of the final report.']

Ratio Decidendi

The reports showed substantial progress by Misthold and the Interested Parties in removing locomotives, carriages and railway equipment from the land; no application had been made for further orders despite earlier notice, and the Court encouraged completion of the remaining removal task without additional legal proceedings.

Court Disposition

Substantial progress in removal of railway items recorded; no application for further orders had been made; parties encouraged to complete removal without additional legal proceedings.

Orders

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