Knight v Wilson [2008] NSWSC 1083

The trustee, being the registered proprietor and having personal liability for estate debts, is entitled to summary judgment for possession of the property currently occupied by a beneficiary so the sale may proceed to discharge those debts.

Jurisdiction: Australia
Judgment Date: 29 October 2008
Procedural Posture: Summary Judgment Application / Judgment
Outcome: Summary relief granted in favour of plaintiff; order for possession as sought in Notice of Motion of 4 August 2008; costs and writ of possession reserved.
Legal Topics: ['summary Judgment' 'possession of Property' 'trustee Powers' 'beneficiary Rights' 'discretionary Relief']

['common Law'] ['summary Judgment' 'possession of Property' 'trustee Powers' 'beneficiary Rights' 'discretionary Relief']

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 Authorities cited 2 Party arguments 2 Amounts and remedies 1

Procedural Posture

Summary Judgment Application / Judgment

Legal Issues

1 ['Whether the trustee is entitled to summary judgment for possession of trust property occupied by a beneficiary.' 'Whether the plaintiff as registered proprietor and trustee has the right to recover possession from the beneficiary in occupation.']

Ratio Decidendi

Court Disposition

Summary relief granted in favour of plaintiff; order for possession as sought in Notice of Motion of 4 August 2008; costs and writ of possession reserved.

Orders

["Order 1 as sought in Plaintiff's Notice of Motion filed 4 August 2008 granted to plaintiff." 'Question of costs reserved.' 'Question of writ of possession reserved.']