Kingsley Securities Pty Ltd v Weng [2023] NSWSC 1110

Kingsley Securities Pty Ltd v Weng [2023] NSWSC 1110

There was a plain and sufficient nexus between the earlier writ of possession and the defendants’ ongoing trespass, as their continued occupation was contrary to limited access orders and thus, leave to issue a writ of restitution should be granted.

Jurisdiction
Australia
Judgment Date
08 September 2023
Procedural Posture
Application for Leave to Issue Writ of Restitution / Hearing on Application for Leave to Issue Writ of Restitution
Outcome
Leave to the plaintiff for the issue of a writ of restitution to restore the plaintiff's possession of the land.
Legal Topics
['enforcement' 'writ of Restitution' 'possession of Land' 'trespass' 'recovery of Possession']
['civil Procedure'] ['enforcement' 'writ of Restitution' 'possession of Land' 'trespass' 'recovery of Possession']

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Procedural Posture

Application for Leave to Issue Writ of Restitution / Hearing on Application for Leave to Issue Writ of Restitution

Legal Issues

  1. 1 ['Whether leave should be granted to issue a writ of restitution to restore possession of the property to the plaintiff.' 'Whether a sufficient nexus exists between the original execution of the writ of possession and the subsequent trespass by the defendants to warrant a writ of restitution.']

Ratio Decidendi

There was a plain and sufficient nexus between the earlier writ of possession and the defendants’ ongoing trespass, as their continued occupation was contrary to limited access orders and thus, leave to issue a writ of restitution should be granted.

Court Disposition

Leave to the plaintiff for the issue of a writ of restitution to restore the plaintiff's possession of the land.

Orders

  • ["Leave to the plaintiff for the issue of a writ of restitution to restore the plaintiff's possession of the land comprised in folio identifier XX/XXXXXXXX of the register and known as XX/XX-XX XXXXXXXX XXXXX, Homebush West in the State of New South Wales."]