Rossi v Alameddine [2010] NSWSC 967

Rossi v Alameddine [2010] NSWSC 967

The Plaintiff is entitled to possession and the claimed rent as the Defendant's claim for adverse possession was abandoned and there is no proven right for set-off; the Supreme Court retains jurisdiction as section 71 of the Residential Tenancies Act is a defence, not a bar, and no such defence was raised.

Parties
Plaintiff/cross Defendant: Susanna Rossi; Defendant: Khaled Alameddine
Jurisdiction
Australia
Judgment Date
08 September 2010
Procedural Posture
Civil / Final Judgment
Outcome
Judgment for Plaintiff; possession granted; monetary award; leave for writ; costs ordered.
Legal Topics
Adverse Possession, Residential Tenancies, Rent Set Off, Possession of Land
Property Law Landlord and Tenant Law Adverse Possession Residential Tenancies Rent Set Off Possession of Land

Case Brief

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Parties

Susanna Rossi

Plaintiff/cross Defendant

Khaled Alameddine

Defendant

Procedural Posture

Civil / Final Judgment

Legal Issues

  1. 1 Whether the Plaintiff is entitled to possession of the premises
  2. 2 Whether the Defendant is liable for rent and entitled to set-off for expenditure
  3. 3 Whether the Supreme Court has jurisdiction due to the operation of the Residential Tenancies Act 1987

Ratio Decidendi

The Plaintiff is entitled to possession and the claimed rent as the Defendant's claim for adverse possession was abandoned and there is no proven right for set-off; the Supreme Court retains jurisdiction as section 71 of the Residential Tenancies Act is a defence, not a bar, and no such defence was raised.

Court Disposition

Judgment for Plaintiff; possession granted; monetary award; leave for writ; costs ordered.

Orders

  • Judgment for possession of 329 Wedderburn Road, Wedderburn, NSW.
  • Judgment for Plaintiff for $48,373.70 together with interest pursuant to s 100 Civil Procedure Act 2005.