Australia and New Zealand Banking Group Ltd v Rafferty [2018] NSWSC 960

The occupiers were not strangers to the proceedings as they received notice and did not seek to be joined as defendants; a writ of restitution should issue to restore plaintiff's possession.

Source-derived case information.

Parties: Plaintiff: Australia and New Zealand Banking Group Ltd; Defendant: Jenny Rafferty
Jurisdiction: Australia
Judgment Date: 22 June 2018
Procedural Posture: Application for Writ of Restitution / Ex Parte Application, Orders Made
Outcome: Leave granted to issue writ of restitution and restore possession to plaintiff; execution of writ stayed to allow notification to occupiers; liberty to apply granted to parties and occupiers.
Legal Topics: Writs of Restitution, Possession Proceedings, Ex Parte Applications

Civil Procedure Writs of Restitution Possession Proceedings Ex Parte Applications

Source-derived case record

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Full judgment text Downloadable case file Legal principles 3 Authorities cited 6 Party arguments 2

Parties

Australia and New Zealand Banking Group Ltd

Plaintiff

Jenny Rafferty

Defendant

Procedural Posture

Application for Writ of Restitution / Ex Parte Application, Orders Made

Legal Issues

1 Whether a writ of restitution should be issued after occupiers re-took possession following execution of writ of possession
2 Whether occupiers were strangers to the proceedings
3 Whether leave should be given to issue the writ ex parte

Ratio Decidendi

The occupiers were not strangers to the proceedings as they received notice and did not seek to be joined as defendants; a writ of restitution should issue to restore plaintiff's possession.

Court Disposition

Leave granted to issue writ of restitution and restore possession to plaintiff; execution of writ stayed to allow notification to occupiers; liberty to apply granted to parties and occupiers.

Orders

Leave to plaintiff to move ex parte on its Notice of Motion dated 22 June 2018 seeking writ of restitution.
Leave to plaintiff to issue a writ of restitution to restore possession of 8 Marion Street (also known as 8 Manon Street), Auburn, NSW.

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