Neilan v Neilan [2019] NSWSC 577

Neilan v Neilan [2019] NSWSC 577

Plaintiff established entitlement to judgment for possession; procedural and discretionary requirements satisfied; defendant notified but failed to comply or provide evidence to oppose possession.

Parties
Plaintiff: Emily Kate Neilan; Defendant: Steven Neilan
Jurisdiction
Australia
Judgment Date
16 May 2019
Procedural Posture
Notice of Motion for Possession of Land / Judgment and Orders
Outcome
Judgment for possession granted in favour of the plaintiff; leave granted to issue writ of possession with a 28-day delay; defendant ordered to pay plaintiff's costs; plaintiff to notify defendant by email and forward orders.
Legal Topics
Judgments and Orders, Enforcement, Writ for Possession of Land
Equity Judgments and Orders Enforcement Writ for Possession of Land

Case Brief

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Parties

Emily Kate Neilan

Plaintiff

Steven Neilan

Defendant

Procedural Posture

Notice of Motion for Possession of Land / Judgment and Orders

Legal Issues

  1. 1 Whether judgment for possession of land should be granted
  2. 2 Whether leave to issue a writ of possession should be granted
  3. 3 Consideration of discretionary relief given defendant's asserted ill health

Ratio Decidendi

Plaintiff established entitlement to judgment for possession; procedural and discretionary requirements satisfied; defendant notified but failed to comply or provide evidence to oppose possession.

Court Disposition

Judgment for possession granted in favour of the plaintiff; leave granted to issue writ of possession with a 28-day delay; defendant ordered to pay plaintiff's costs; plaintiff to notify defendant by email and forward orders.

Orders

  • Judgment in favour of plaintiff for possession of Flat 3, 35 Arcadia Street, Coogee.
  • Leave to plaintiff to issue writ of possession, writ not to issue for 28 days from date of orders.