Macasieb v Macasieb [2018] NSWSC 23

Macasieb v Macasieb [2018] NSWSC 23

As both parties are now sole legal owners of their respective properties following the Family Court orders, and neither party has a valid defence to the other's claim for possession, the court grants judgment for possession of the relevant properties to each party; any further delay is unwarranted given the long lapse of time since original orders.

Parties
Plaintiff: Geronico Macasieb; Defendant: Letty Macasieb
Jurisdiction
Australia
Judgment Date
30 January 2018
Procedural Posture
Claim and Cross Claim for Possession of Land / Final Judgment
Outcome
Judgment for plaintiff for possession of 1/247 Parramatta Road, Annandale NSW 2038. Judgment for defendant for possession of 256 Young Street, Annandale NSW. Leave to each party to issue a writ of possession, but stay of execution until 13 March 2018. No order as to costs; each party to pay their own costs.
Legal Topics
Possession of Land, Enforcement of Family Court Orders, Writs of Possession
Real Property Possession of Land Enforcement of Family Court Orders Writs of Possession

Case Brief

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Parties

Geronico Macasieb

Plaintiff

Letty Macasieb

Defendant

Procedural Posture

Claim and Cross Claim for Possession of Land / Final Judgment

Legal Issues

  1. 1 Whether orders for possession of each property should be made to enforce Family Court orders
  2. 2 Whether delay or hardship justifies a stay of writs of possession
  3. 3 Whether the Supreme Court should make orders for possession or remit to Family Court

Ratio Decidendi

As both parties are now sole legal owners of their respective properties following the Family Court orders, and neither party has a valid defence to the other's claim for possession, the court grants judgment for possession of the relevant properties to each party; any further delay is unwarranted given the long lapse of time since original orders.

Court Disposition

Judgment for plaintiff for possession of 1/247 Parramatta Road, Annandale NSW 2038. Judgment for defendant for possession of 256 Young Street, Annandale NSW. Leave to each party to issue a writ of possession, but stay of execution until 13 March 2018. No order as to costs; each party to pay their own costs.

Orders

  • Judgment for the Plaintiff for possession of the land comprised in Folio 1/SP32823 being the land situated at and known as 1/247 Parramatta Road, Annandale NSW 2038.
  • Judgment for the Defendant for possession of the land comprised in Folio 3/2104 being the land situated at and known as 256 Young Street, Annandale NSW.