Elddin v Hamed [2014] NSWSC 1311

Because the evidence of hardship relied on by Mr Elddin was not challenged and provided a proper basis for expedition, the Court made consent orders in the terms agreed by the parties.

Jurisdiction: Australia
Judgment Date: 24 September 2014
Procedural Posture: Possession Proceedings; Notice of Motion for Expedition / Procedural Ruling on Unopposed Motion
Outcome: Consent orders made in terms agreed by the parties.
Legal Topics: ['notice of Motion' 'expedited Hearing' 'possession of Property' 'constructive Trust']

['civil Procedure' 'property Law'] ['notice of Motion' 'expedited Hearing' 'possession of Property' 'constructive Trust']

Case Brief

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Procedural Posture

Possession Proceedings; Notice of Motion for Expedition / Procedural Ruling on Unopposed Motion

Legal Issues

1 ["Whether the plaintiff's unopposed motion for expedition should be granted in possession proceedings."]

Ratio Decidendi

Because the evidence of hardship relied on by Mr Elddin was not challenged and provided a proper basis for expedition, the Court made consent orders in the terms agreed by the parties.

Court Disposition

Consent orders made in terms agreed by the parties.

Orders

['Consent orders made in terms agreed by the parties.' 'The matter has been adjourned to a date to be fixed, after 23 October 2014.' 'The parties have liberty to approach on short notice.']