Perpetual Corporate Trust Limited v Kosseris [2018] NSWSC 871

Perpetual Corporate Trust Limited v Kosseris [2018] NSWSC 871

In circumstances where the defendant had notice of the proceedings, took no active steps, and did not appear to oppose the orders sought, and where the evidence established the basis for granting possession and entering judgment for the sum claimed, it was appropriate to grant the orders sought.

Jurisdiction
Australia
Judgment Date
08 June 2018
Procedural Posture
Notice of Motion for Possession and Judgment / Orders Following Unopposed Motion
Outcome
Orders made in terms of MFI 3 as sought by the plaintiff, including judgment, possession, leave to issue writ, and judgment for a sum owing.
Legal Topics
['possession of Property' 'judgment by Default' 'writ of Possession' 'striking Out Defence']
['real Property'] ['possession of Property' 'judgment by Default' 'writ of Possession' 'striking Out Defence']

Case Brief

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Procedural Posture

Notice of Motion for Possession and Judgment / Orders Following Unopposed Motion

Legal Issues

  1. 1 ['Whether the plaintiff is entitled to possession of the property' 'Whether the defence should be struck out and judgment entered for the plaintiff' 'Whether leave should be granted to issue a writ of possession']

Ratio Decidendi

In circumstances where the defendant had notice of the proceedings, took no active steps, and did not appear to oppose the orders sought, and where the evidence established the basis for granting possession and entering judgment for the sum claimed, it was appropriate to grant the orders sought.

Court Disposition

Orders made in terms of MFI 3 as sought by the plaintiff, including judgment, possession, leave to issue writ, and judgment for a sum owing.

Orders

  • ['Judgment entered against the defendant pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Plaintiff granted possession of the land comprised in certificate of title folio identifier X/SPXXXXX at XX XXXXXX XXXXXX XXXXX, Figtree.' 'Leave to issue a writ of possession is granted.' 'Judgment for...