Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155

Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155

The plaintiff, as registered proprietor and at law the party entitled to possession, is entitled to judgment for possession of the land against the defendant and to an injunction preventing further interference, because the defendant is a trespasser and not entitled to remain or interfere, notwithstanding asserted grounds relating to charitable trust purposes or ongoing representations to the Attorney General. The defendant's request for delay in possession is not justified by law or equity, nor by provisions in the Civil Procedure Act 2005 or Charitable Trusts Act 1993.

Jurisdiction
Australia
Judgment Date
24 August 2015
Procedural Posture
Civil / Summary Judgment Application
Outcome
Judgment for the plaintiff; injunction granted; applications for leave to issue and to issue a writ for possession stood over.
Legal Topics
['trespass to Land' 'charitable Trusts' 'injunctions' 'possession of Land' 'summary Judgment']
['property Law' 'trusts Law' 'civil Procedure'] ['trespass to Land' 'charitable Trusts' 'injunctions' 'possession of Land' 'summary Judgment']

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Procedural Posture

Civil / Summary Judgment Application

Legal Issues

  1. 1 ["Whether the defendant is a trespasser on the plaintiff's land" 'Whether the plaintiff, as registered proprietor and alleged trustee, is entitled to possession and an injunction against the defendant' 'Whether the court should postpone the issue or enforcement of a writ for possession due to alleged charitable trust issues']

Ratio Decidendi

The plaintiff, as registered proprietor and at law the party entitled to possession, is entitled to judgment for possession of the land against the defendant and to an injunction preventing further interference, because the defendant is a trespasser and not entitled to remain or interfere, notwithstanding asserted grounds relating to charitable trust purposes or ongoing representations to the Attorney General. The defendant's request for delay in possession is not justified by law or equity, nor by provisions in the Civil Procedure Act 2005 or Charitable Trusts Act 1993.

Court Disposition

Judgment for the plaintiff; injunction granted; applications for leave to issue and to issue a writ for possession stood over.

Orders

  • ["Judgment for the Plaintiff for possession of the land referred to as 'The Occupied Land' in the Statement of Claim." "The Defendant is restrained from attempting to interfere with the Plaintiff's possession of the land comprised in the folio identifiers (or parts thereof) listed in Part A of each of the First...