Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56

Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56

The Council proved the unpaid rates and charges, compliance with the statutory sale process, service of required notices, and the existence of a contract of sale requiring vacant possession. The defendants had no defence on foot and the matters raised by the first defendant did not answer the claim: a caveat did not prevent a contract of sale or an order for possession, no purchaser application for possession was required, and the Council was entitled to possession. Because vacant possession was required for completion and obtaining it was an incident of the sale, the legal costs of the possession proceedings were expenses incurred in connection with the sale under s 718 of the Local...

Jurisdiction
Australia
Judgment Date
11 February 2020
Procedural Posture
Possession of Land Proceedings Arising From Unpaid Rates and Charges and Local Council Sale of Land / Final Hearing; Defendants in Default After Defences Struck Out
Outcome
Judgment for the plaintiff for possession; leave granted to issue a writ of possession forthwith; defendants ordered to pay the plaintiff's costs; declaration made that the plaintiff's costs form part of expenses incurred in connection with the sale.
Legal Topics
['possession of Land' 'unpaid Rates and Charges' 'local Council Right of Sale' 'vacant Possession' 'default Judgment' 'writ of Possession' 'costs as Expenses of Sale']
['land Law' 'local Government' 'civil Procedure'] ['possession of Land' 'unpaid Rates and Charges' 'local Council Right of Sale' 'vacant Possession' 'default Judgment' 'writ of Possession' 'costs as Expenses of Sale']

Case Brief

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Procedural Posture

Possession of Land Proceedings Arising From Unpaid Rates and Charges and Local Council Sale of Land / Final Hearing; Defendants in Default After Defences Struck Out

Legal Issues

  1. 1 ['Whether the Council was entitled to judgment for possession of the land after unpaid rates and charges and a contract of sale requiring vacant possession.' 'Whether a writ of possession should issue forthwith.' "Whether the plaintiff's costs of the possession proceedings formed part of the expenses incurred in connection with the sale of the land under s 718 of the Local Government Act 1993 (NSW)."]

Ratio Decidendi

The Council proved the unpaid rates and charges, compliance with the statutory sale process, service of required notices, and the existence of a contract of sale requiring vacant possession. The defendants had no defence on foot and the matters raised by the first defendant did not answer the claim: a caveat did not prevent a contract of sale or an order for possession, no purchaser application for possession was required, and the Council was entitled to possession. Because vacant possession was required for completion and obtaining it was an incident of the sale, the legal costs of the possession proceedings were expenses incurred in connection with the sale under s 718 of the Local...

Court Disposition

Judgment for the plaintiff for possession; leave granted to issue a writ of possession forthwith; defendants ordered to pay the plaintiff's costs; declaration made that the plaintiff's costs form part of expenses incurred in connection with the sale.

Orders

  • ['Judgment for the plaintiff for possession of the land situated at 36 Uralla Road, Armidale, New South Wales being Lot 16 in DP 242531.' 'Leave to issue a writ of possession forthwith.' "The defendants are to pay the plaintiff's costs of the proceedings." "I declare that the amount of the plaintiff's costs form...