LAWTEAL PTY. LIMITED v. OFO; 10 CONWAY AVENUE, ROSE BAY PTY. LIMITED v. OFO [2006] NSWSC 384

LAWTEAL PTY. LIMITED v. OFO; 10 CONWAY AVENUE, ROSE BAY PTY. LIMITED v. OFO [2006] NSWSC 384

The Court made orders giving effect to the judgment delivered earlier that day. No further order extending the writ of possession was required because an order had already been made on 24 March 2006 continuing the writ until 29 March 2007.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 May 2006
Procedural Posture
Possession List Proceedings / Orders on Defendant's Notice of Motion and Stay of Writ of Possession
Outcome
The defendant's notice of motion dated 16 November 2005 was dismissed; the writ of possession was stayed until 9.00 am on Tuesday 23 May 2006; no order as to costs was made; liberty was granted to approach the registrar to have proceedings no. 10406 of 2005 re-listed.
Legal Topics
['notice of Motion' 'writ of Possession' 'stay of Writ of Possession' 'costs']
['civil Procedure'] ['notice of Motion' 'writ of Possession' 'stay of Writ of Possession' 'costs']

Source-derived case record

Summary, issues, holding and outcome

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Procedural Posture

Possession List Proceedings / Orders on Defendant's Notice of Motion and Stay of Writ of Possession

Legal Issues

  1. 1 ["Whether the defendant's notice of motion dated 16 November 2005 should be dismissed." 'Whether the writ of possession should be stayed.' 'Whether any order as to costs should be made.' 'Whether proceedings no. 10406 of 2005 should be capable of being re-listed.']

Ratio Decidendi

The Court made orders giving effect to the judgment delivered earlier that day. No further order extending the writ of possession was required because an order had already been made on 24 March 2006 continuing the writ until 29 March 2007.

Court Disposition

The defendant's notice of motion dated 16 November 2005 was dismissed; the writ of possession was stayed until 9.00 am on Tuesday 23 May 2006; no order as to costs was made; liberty was granted to approach the registrar to have proceedings no. 10406 of 2005 re-listed.

Orders

  • ["That the defendant's notice of motion dated 16 November 2005 is dismissed." 'The writ of possession is stayed until 9.00 am on Tuesday 23 May 2006.' 'I make no order as to costs.' 'In relation to proceedings no. 10406 of 2005, 10 Conway Avenue, Rose Bay Pty. Limited v. Ofo, I grant liberty to the parties to...