NSW Trustee and Guardian v Michael Reading [2020] NSWSC 1831

NSW Trustee and Guardian v Michael Reading [2020] NSWSC 1831

Issues of vacant possession as raised in the Statement of Claim and Defence are suitable for separate trial and ought to be determined before other matters, including any cross-claim.

Jurisdiction
Australia
Judgment Date
15 December 2020
Procedural Posture
Possession List Proceeding / Procedural Ruling: Separate Trial of Possession Claim Prior to Remainder of Proceedings
Outcome
Procedural ruling: claim for possession and related issues to be tried separately prior to remainder of proceedings; orders for further directions and hearing allocation.
Legal Topics
['possession' 'life Estate' 'ademption' 'separate Question' 'order for Directions']
['property Law' 'wills and Estates' 'civil Procedure'] ['possession' 'life Estate' 'ademption' 'separate Question' 'order for Directions']

Case Brief

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Procedural Posture

Possession List Proceeding / Procedural Ruling: Separate Trial of Possession Claim Prior to Remainder of Proceedings

Legal Issues

  1. 1 ["Whether the plaintiff's claim for possession is appropriate where will provides for life estate or right of residence" 'Whether the gift to the defendant has adeemed or failed']

Ratio Decidendi

Issues of vacant possession as raised in the Statement of Claim and Defence are suitable for separate trial and ought to be determined before other matters, including any cross-claim.

Court Disposition

Procedural ruling: claim for possession and related issues to be tried separately prior to remainder of proceedings; orders for further directions and hearing allocation.

Orders

  • ["Plaintiff's claim for possession and issues raised in Defence to be tried separately and prior to remainder of proceedings." 'Parties at liberty to approach Civil List Manager for allocation of a 1 to 2 day hearing date early in 2021.' 'Proceedings listed for directions before Lonergan J at 9:30am on 15 February...