Weinrauch v Martin [2013] NSWSC 1305

Weinrauch v Martin [2013] NSWSC 1305

Because the parties had agreed consent orders intended to finally resolve the dispute, and those orders accorded with the requirements of s 56 of the Civil Procedure Act 2005, the Court made the orders by consent.

Jurisdiction
Australia
Judgment Date
10 September 2013
Procedural Posture
Proceedings for Possession of Property / Consent Orders
Outcome
Orders made in terms of the consent orders filed in Court marked MFI 1.
Legal Topics
['possession of Property' 'consent Orders' 'sale of Property' 'just, Quick and Cheap Resolution of Proceedings']
['civil Procedure' 'property Law'] ['possession of Property' 'consent Orders' 'sale of Property' 'just, Quick and Cheap Resolution of Proceedings']

Case Brief

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Procedural Posture

Proceedings for Possession of Property / Consent Orders

Legal Issues

  1. 1 ['Whether the Court should make the consent orders agreed by the parties for possession of the property and its sale.' 'Whether making the agreed orders accorded with s 56 of the Civil Procedure Act 2005.']

Ratio Decidendi

Because the parties had agreed consent orders intended to finally resolve the dispute, and those orders accorded with the requirements of s 56 of the Civil Procedure Act 2005, the Court made the orders by consent.

Court Disposition

Orders made in terms of the consent orders filed in Court marked MFI 1.

Orders

  • ['By consent, orders made in terms of the consent orders filed in Court on 10 September 2013 marked MFI 1.' 'The consent orders provided for the defendant giving the plaintiff possession of the property.' 'The consent orders provided for a regime for the sale of the property by private treaty or auction,...