J P Morgan Trust Australia Limited v Anthony Robert Bridge [2013] NSWSC 668

J P Morgan Trust Australia Limited v Anthony Robert Bridge [2013] NSWSC 668

Once judgment by default and writ of possession have been executed, the judgment becomes final and cannot be challenged; upon re-entry by a defendant, the court should grant leave for a writ of restitution to restore possession to the plaintiff, as the rights of the parties are defined by the executed judgment.

Jurisdiction
Australia
Judgment Date
30 May 2013
Procedural Posture
Motion for Leave to Apply for Writ of Restitution / Post Default Judgment; Application for Writ of Restitution
Outcome
Leave granted to apply for writ of restitution; no order as to costs.
Legal Topics
['possession' 'enforcement of Judgments' 'writ of Restitution' 'default Judgment' 'mortgage Enforcement']
['property Law' 'civil Procedure'] ['possession' 'enforcement of Judgments' 'writ of Restitution' 'default Judgment' 'mortgage Enforcement']

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Procedural Posture

Motion for Leave to Apply for Writ of Restitution / Post Default Judgment; Application for Writ of Restitution

Legal Issues

  1. 1 ['Whether leave should be granted to apply for a writ of restitution to restore possession of property after defendant re-enters post-execution of writ of possession' 'Whether default judgment can be set aside or challenged post-execution' 'Finality and certainty of court judgments']

Ratio Decidendi

Once judgment by default and writ of possession have been executed, the judgment becomes final and cannot be challenged; upon re-entry by a defendant, the court should grant leave for a writ of restitution to restore possession to the plaintiff, as the rights of the parties are defined by the executed judgment.

Court Disposition

Leave granted to apply for writ of restitution; no order as to costs.

Orders

  • ['Grant leave to J P Morgan forthwith to apply for the issue of a writ of restitution to restore to it possession of the land comprised in folio identifier xxxxxxxxx, being the whole of the land in Lot xxx, Deposited Plan xxxxx known as and situate at xx Liamena Avenue, San Remo in the State of New South Wales.'...