Defined Properties Investment Pty Ltd ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 152

Defined Properties Investment Pty Ltd ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 152

Given repeated extensions, indulgences, and agreement by the parties, it would not be in the interests of justice to revisit and vacate prior orders, including signed consent orders; thus, orders are made in accordance with the consent orders dated 19 December 2017.

Jurisdiction
Australia
Judgment Date
16 January 2018
Procedural Posture
Summons / Final Orders
Outcome
Judgment for possession granted to the defendant; orders made in terms of the consent orders.
Legal Topics
['writ of Possession' 'deed of Forbearance' 'consent Orders']
['property Law'] ['writ of Possession' 'deed of Forbearance' 'consent Orders']

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Procedural Posture

Summons / Final Orders

Legal Issues

  1. 1 ['Whether orders for possession and vacant possession should be made pursuant to consent orders' 'Whether the Deed of Forbearance and consent judgment should be set aside']

Ratio Decidendi

Given repeated extensions, indulgences, and agreement by the parties, it would not be in the interests of justice to revisit and vacate prior orders, including signed consent orders; thus, orders are made in accordance with the consent orders dated 19 December 2017.

Court Disposition

Judgment for possession granted to the defendant; orders made in terms of the consent orders.

Orders

  • ['Judgment for possession of the whole of the land.' 'Order that the first and second plaintiffs give vacant possession within 7 days.' 'Defendant granted leave to issue a Writ of Possession to the first plaintiff forthwith.' "First and second plaintiffs to pay the defendant's costs as agreed or assessed."...