Winterbottom v Lucas [2014] NSWSC 1384

Winterbottom v Lucas [2014] NSWSC 1384

Given the specific and urgent circumstances—defendant's retaking possession and exclusion of receivers—leave granted for plaintiff to file statement of claim and affidavits ex parte; proceedings stood over for further directions.

Jurisdiction
Australia
Judgment Date
03 October 2014
Procedural Posture
Interlocutory Application / Ex Parte Application for Leave to File Statement of Claim and Supporting Affidavits; Directions Hearing Set
Outcome
Leave granted for urgent ex parte filing; orders made for directions and service.
Legal Topics
['possession Matters' 'urgent Ex Parte Application' 'leave to File']
['civil Procedure'] ['possession Matters' 'urgent Ex Parte Application' 'leave to File']

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Procedural Posture

Interlocutory Application / Ex Parte Application for Leave to File Statement of Claim and Supporting Affidavits; Directions Hearing Set

Legal Issues

  1. 1 ['Whether leave should be granted to file statement of claim and affidavits ex parte in a possession matter' 'Whether the urgency and circumstances justify deviation from normal procedure']

Ratio Decidendi

Given the specific and urgent circumstances—defendant's retaking possession and exclusion of receivers—leave granted for plaintiff to file statement of claim and affidavits ex parte; proceedings stood over for further directions.

Court Disposition

Leave granted for urgent ex parte filing; orders made for directions and service.

Orders

  • ["Upon undertaking of plaintiff's solicitor to pay the filing fee, leave to file statement of claim granted" 'Statement of claim returnable instanter' 'Leave to file affidavits of David John Winterbottom and John Maiden' 'Proceedings stood over for directions before Common Law Duty Judge at 10am on 15 October 2014'...