Application by the Planning Ministerial Corporation [2020] NSWSC 903

Application by the Planning Ministerial Corporation [2020] NSWSC 903

Because the plaintiff was the registered proprietor, had not authorised occupation, had taken appropriate steps to notify unidentified occupants of the proceedings, and sought relief operating in rem, the Court dispensed with any rule preventing judgment in the absence of a named defendant and entered judgment for possession.

Jurisdiction
Australia
Judgment Date
16 July 2020
Procedural Posture
Proceedings for Possession of Land / Application for Default Judgment on the Papers Where No Defendant Was Named
Outcome
Judgment for the plaintiff for possession of the land; leave granted to issue a writ of possession; no costs order made against unidentified persons.
Legal Topics
['commencement of Proceedings Without Naming a Defendant' 'possession of Land' 'default Judgment' 'writ of Possession' 'judgment in Rem' 'squatters']
['civil Procedure' 'property Law'] ['commencement of Proceedings Without Naming a Defendant' 'possession of Land' 'default Judgment' 'writ of Possession' 'judgment in Rem' 'squatters']

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Procedural Posture

Proceedings for Possession of Land / Application for Default Judgment on the Papers Where No Defendant Was Named

Legal Issues

  1. 1 ['Whether proceedings for possession of land could be commenced without naming a defendant where the occupants refused to identify themselves' 'Whether provisions of the Uniform Civil Procedure Rules 2005 (NSW) should be dispensed with to permit default judgment where no defendant was named' 'Whether the plaintiff had established a right to possession of the land' 'Whether a writ of possession should issue to enforce the judgment']

Ratio Decidendi

Because the plaintiff was the registered proprietor, had not authorised occupation, had taken appropriate steps to notify unidentified occupants of the proceedings, and sought relief operating in rem, the Court dispensed with any rule preventing judgment in the absence of a named defendant and entered judgment for possession.

Court Disposition

Judgment for the plaintiff for possession of the land; leave granted to issue a writ of possession; no costs order made against unidentified persons.

Orders

  • ['Dispense with any provision in the Uniform Civil Procedure Rules 2005 (NSW) that would prevent judgment being given in favour of the plaintiff where no defendant is named in the proceedings.' 'Judgment for the plaintiff for possession of the land comprised in folio identifier 13/1021940 being the land situated at...