Kennedy v Kennedy (No. 2) [2018] NSWSC 1121

Kennedy v Kennedy (No. 2) [2018] NSWSC 1121

Because the defendant's stated reasons for remaining in the property did not demonstrate any defence known to law to the executors' claim, the Court affirmed its prior decision striking out the defences and refusing leave to file any further defence, and made directions facilitating a default judgment for possession while delaying execution of any writ of possession until 31 August 2018.

Jurisdiction
Australia
Judgment Date
20 July 2018
Procedural Posture
Possession of Land Proceedings / Relisted Early Judicial Directions After Prior Defences Were Struck Out; Directions for Default Judgment
Outcome
Previous orders affirmed; directions made for default judgment material and execution of any writ of possession delayed.
Legal Topics
['possession of Land' 'default Judgment' 'writ of Possession' 'leave to File Further Defence']
['land Law' 'civil Procedure'] ['possession of Land' 'default Judgment' 'writ of Possession' 'leave to File Further Defence']

Case Brief

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Procedural Posture

Possession of Land Proceedings / Relisted Early Judicial Directions After Prior Defences Were Struck Out; Directions for Default Judgment

Legal Issues

  1. 1 ["Whether the defendant had any defence known to law to the executors' claim for possession." "Whether the previous decision striking out the defendant's defences and refusing leave to file a further defence should be affirmed." 'What directions should be made for any default judgment application and any writ of possession.']

Ratio Decidendi

Because the defendant's stated reasons for remaining in the property did not demonstrate any defence known to law to the executors' claim, the Court affirmed its prior decision striking out the defences and refusing leave to file any further defence, and made directions facilitating a default judgment for possession while delaying execution of any writ of possession until 31 August 2018.

Court Disposition

Previous orders affirmed; directions made for default judgment material and execution of any writ of possession delayed.

Orders

  • ['Any affidavit in support of application for default judgment to be served and emailed to Associate by no later than 3 August 2018.' 'Writ of possession not to be executed prior to 31 August 2018.']