Bycoon Pty Ltd (In Liquidation) v Wollongong Truck and Machinery Centre Pty Ltd [2011] NSWSC 1323

Bycoon Pty Ltd (In Liquidation) v Wollongong Truck and Machinery Centre Pty Ltd [2011] NSWSC 1323

No tenable defence exists to resist the plaintiff's right to possession: the lease relied on by the second defendant created, at most, a tenancy at will which was lawfully terminated, and the second defendant's entry and continued occupation does not confer any legal or equitable entitlement to remain.

Jurisdiction
Australia
Judgment Date
04 November 2011
Procedural Posture
Possession Summary Judgment / Final Judgment at First Instance
Outcome
Judgment for plaintiff for possession; costs awarded; writ of possession granted; second defendant's motion dismissed.
Legal Topics
['possession of Land' 'summary Judgment' 'tenancy at Will' 'registration of Lease' 'disclaimer by Liquidator']
['property Law' 'corporations Law' 'civil Procedure'] ['possession of Land' 'summary Judgment' 'tenancy at Will' 'registration of Lease' 'disclaimer by Liquidator']

Case Brief

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Procedural Posture

Possession Summary Judgment / Final Judgment at First Instance

Legal Issues

  1. 1 ['Whether the second defendant has a legal or equitable right to occupy the property.' "Whether the unregistered lease supports the second defendant's occupation." "Effect of the liquidator's disclaimer of any lease or agreement."]

Ratio Decidendi

No tenable defence exists to resist the plaintiff's right to possession: the lease relied on by the second defendant created, at most, a tenancy at will which was lawfully terminated, and the second defendant's entry and continued occupation does not confer any legal or equitable entitlement to remain.

Court Disposition

Judgment for plaintiff for possession; costs awarded; writ of possession granted; second defendant's motion dismissed.

Orders

  • ['Judgment for the plaintiff for possession of the parcel of land contained in Folio Identifier 39/30082 and Folio Identifier 40/30082, known as 7-9 Glastonbury Avenue, Unanderra, NSW, 2526.' 'Leave granted to issue Writ of Possession with respect to the property, forthwith.' "The first and second defendants to pay...