John David Mansour & Anne Khoury, Executors of the Estate of Anthony Hanna Mansour v Joseph Mansour (No. 2) [2013] NSWSC 1278

John David Mansour & Anne Khoury, Executors of the Estate of Anthony Hanna Mansour v Joseph Mansour (No. 2) [2013] NSWSC 1278

The defendant's further defence raised only allegations concerning accounting and administration of the deceased estate, which did not answer the plaintiffs' claim for possession by properly appointed trustees; accordingly the defence was struck out and the plaintiffs were entitled to seek default judgment and a writ of possession.

Jurisdiction
Australia
Judgment Date
09 September 2013
Procedural Posture
Claim for Possession of Real Property by Trustees of a Deceased Estate / Interlocutory Application to Strike Out Defence and Seek Leave to Apply for Default Judgment and Writ of Possession
Outcome
Defence struck out; plaintiffs given leave to apply for default judgment and obtain a writ of possession, with execution delayed until Monday, 18 November 2013.
Legal Topics
['possession' 'deceased Estate' 'trustees' 'defence Struck Out' 'default Judgment' 'writ of Possession']
['real Property' 'succession'] ['possession' 'deceased Estate' 'trustees' 'defence Struck Out' 'default Judgment' 'writ of Possession']

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Procedural Posture

Claim for Possession of Real Property by Trustees of a Deceased Estate / Interlocutory Application to Strike Out Defence and Seek Leave to Apply for Default Judgment and Writ of Possession

Legal Issues

  1. 1 ["Whether the further defence filed on 6 September 2013 disclosed any defence to the plaintiffs' claim for possession." 'Whether the plaintiffs should be permitted to move for default judgment and obtain a writ of possession.']

Ratio Decidendi

The defendant's further defence raised only allegations concerning accounting and administration of the deceased estate, which did not answer the plaintiffs' claim for possession by properly appointed trustees; accordingly the defence was struck out and the plaintiffs were entitled to seek default judgment and a writ of possession.

Court Disposition

Defence struck out; plaintiffs given leave to apply for default judgment and obtain a writ of possession, with execution delayed until Monday, 18 November 2013.

Orders

  • ['The defence of 6 September 2013 is struck out.' 'The Plaintiff is given leave to apply for default judgment and to obtain a writ of possession to enforce the judgment of the Court. Such writ of possession is not to be executed before Monday, 18 November 2013.']