Stevic v King [2024] NSWSC 272

The plaintiff, as registered proprietor and executor, is entitled to recover possession of the land from the defendant in order to realize the primary estate asset, satisfy debts, and effect the distribution as per the will; the defendant has no legal right to occupy and failed to file any defence or present evidence.

Parties: Plaintiff: Gordana Stevic; Defendant: Gordon King
Jurisdiction: Australia
Judgment Date: 19 March 2024
Procedural Posture: Civil / Default Judgment Application
Outcome: Judgment for the plaintiff for possession of the land; leave to issue writ of possession; claim for occupation fees and costs stood over to Registrar.
Legal Topics: Possession of Land, Default Judgment

Land Law Possession of Land Default Judgment

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Party arguments 2 Amounts and remedies 6

Parties

Gordana Stevic

Plaintiff

Gordon King

Defendant

Procedural Posture

Civil / Default Judgment Application

Legal Issues

1 Whether the plaintiff, as executor, is entitled to possession of the land under the will of the deceased
2 Whether there is any defence to the plaintiff's claim for possession

Ratio Decidendi

Court Disposition

Judgment for the plaintiff for possession of the land; leave to issue writ of possession; claim for occupation fees and costs stood over to Registrar.

Orders

Judgment for the plaintiff for possession of the land comprised in Certificate of Title Auto-Consol 3482-24 being the land situate at and known as 2A Warialda Street, Merrylands, NSW (also known as 2A Warialda Street, Merrylands West, NSW).
Leave be granted to the plaintiff to issue a writ for possession in respect of the land.