Benjamin v Blundell [2010] NSWSC 31

Benjamin v Blundell [2010] NSWSC 31

Because Ms Blundell was served with the application, had not appeared, had repeatedly retaken possession after execution of writs, and had treated judgments and process of the Court with total disregard, the Court ordered her to vacate the property and not re-enter, but allowed 48 hours after service rather than the 24 hours sought.

Jurisdiction
Australia
Judgment Date
04 February 2010
Procedural Posture
Equity Proceedings for Possession of Property and Orders to Vacate and Not Re Enter / Ex Tempore Judgment on Amended Summons
Outcome
Orders made requiring the First Defendant to vacate the property, not re-enter without written permission, and pay the plaintiffs' costs.
Legal Topics
['possession of Property' 'writ of Possession' 'writ of Restitution' 'service' 'contempt Proceedings' 'orders to Vacate Property']
['procedure' 'property'] ['possession of Property' 'writ of Possession' 'writ of Restitution' 'service' 'contempt Proceedings' 'orders to Vacate Property']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Equity Proceedings for Possession of Property and Orders to Vacate and Not Re Enter / Ex Tempore Judgment on Amended Summons

Legal Issues

  1. 1 ['Whether Melanie Jane Blundell had been served with the application.' 'Whether an order should be made requiring Melanie Jane Blundell to vacate the property and not re-enter without permission.' 'Whether the requested 24 hour period to vacate was reasonable in the circumstances.']

Ratio Decidendi

Because Ms Blundell was served with the application, had not appeared, had repeatedly retaken possession after execution of writs, and had treated judgments and process of the Court with total disregard, the Court ordered her to vacate the property and not re-enter, but allowed 48 hours after service rather than the 24 hours sought.

Court Disposition

Orders made requiring the First Defendant to vacate the property, not re-enter without written permission, and pay the plaintiffs' costs.

Orders

  • ['The First Defendant vacate the property described in Folio Identifier 7/246706 and known as 660 Menangle Road, Douglas Park in the State of New South Wales within 48 hours of service of these orders upon her.' "The First Defendant not enter thereafter upon the property save with the written permission of the...