Taunton v Taunton [2019] NSWSC 1513

Taunton v Taunton [2019] NSWSC 1513

The defendant failed to prove any tenancy or legal right to occupation after the owner's departure. Notice to vacate was properly served, and, without lawful excuse, Daniel is a trespasser. The plaintiff, as registered proprietor, is entitled to possession of the property.

Jurisdiction
Australia
Judgment Date
04 November 2019
Procedural Posture
Civil / Final Hearing, Judgment, Consequential Orders
Outcome
Judgment for possession granted. Writ for possession to be issued. Injunctions continued. Defendant to pay costs up to today.
Legal Topics
['judgment for Possession' 'trespass' 'power of Attorney' 'injunctions']
['land Law' 'property Law'] ['judgment for Possession' 'trespass' 'power of Attorney' 'injunctions']

Case Brief

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Procedural Posture

Civil / Final Hearing, Judgment, Consequential Orders

Legal Issues

  1. 1 ['Whether the defendant is trespassing on the Wamberal property' 'Whether the defendant has any right of occupation of the property' 'Whether the procedural requirements for judgment for possession have been met' 'Whether defences to action for possession are made out']

Ratio Decidendi

The defendant failed to prove any tenancy or legal right to occupation after the owner's departure. Notice to vacate was properly served, and, without lawful excuse, Daniel is a trespasser. The plaintiff, as registered proprietor, is entitled to possession of the property.

Court Disposition

Judgment for possession granted. Writ for possession to be issued. Injunctions continued. Defendant to pay costs up to today.

Orders

  • ['Judgment for possession of the property described in Schedule A.' 'Order that a writ for possession issue on 12 December 2019.' 'Injunctions made on 28 August 2019 continue until further order.' "Plaintiff to provide proposed regime for defendant's removal of personal property before 31 January 2020 without...