Re P [2012] NSWSC 987

Re P [2012] NSWSC 987

The plaintiff, as registered proprietor, is entitled to possession of the property and vacant possession is to be given. The defendant has failed to establish a legal or equitable interest sufficient to resist the order for possession, and has made no application under s 20 of the Property (Relationships) Act 1984. There is no defence to the plaintiff's claim for possession.

Jurisdiction
Australia
Judgment Date
15 August 2012
Procedural Posture
Application for Judgment for Possession / Final Judgment
Outcome
Judgment for the plaintiff for possession of the land. Leave given to issue writ of possession forthwith. Defendant ordered to pay plaintiff's costs.
Legal Topics
['possession of Land' 'equitable Interest' 'de Facto Relationship' 'no Defence to Claim for Possession']
['real Property'] ['possession of Land' 'equitable Interest' 'de Facto Relationship' 'no Defence to Claim for Possession']

Case Brief

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Procedural Posture

Application for Judgment for Possession / Final Judgment

Legal Issues

  1. 1 ['Whether defendant has an equitable interest in the property' 'Whether plaintiff and defendant were in a de facto relationship conferring relevant property rights' 'Whether any defence exists to the claim for possession']

Ratio Decidendi

The plaintiff, as registered proprietor, is entitled to possession of the property and vacant possession is to be given. The defendant has failed to establish a legal or equitable interest sufficient to resist the order for possession, and has made no application under s 20 of the Property (Relationships) Act 1984. There is no defence to the plaintiff's claim for possession.

Court Disposition

Judgment for the plaintiff for possession of the land. Leave given to issue writ of possession forthwith. Defendant ordered to pay plaintiff's costs.

Orders

  • ['Judgment for the plaintiff for possession of the land in folio identifier 3/524737 being the property known as [xxx xxxxxxxxxxxx xxxxxx], Milperra, New South Wales.' 'Leave to the plaintiff to apply for a writ of possession forthwith, and direction that such a writ be issued forthwith.' "Defendant to pay the...