Pluteus (No 81) Pty Ltd v O’Neil [2019] NSWSC 923

Pluteus (No 81) Pty Ltd v O’Neil [2019] NSWSC 923

The defendants had no present right to occupy the property. Any lease based on Mr O'Neil's work had ended at the latest upon his death, and by September 2018 the remaining residents were licensees whose licence had been revoked on appropriate notice. In any event, 10 months had elapsed since notice was given. The defendants' hardship was accepted, but it did not outweigh the plaintiff's entitlement as registered proprietor to vacant possession for commercial development.

Jurisdiction
Australia
Judgment Date
18 July 2019
Procedural Posture
Claim for Possession of Residential Property / Ex Tempore Principal Judgment After Hearing
Outcome
Plaintiff granted declaration, vacant possession, leave to issue a writ for possession, issue of the writ, delayed execution of the writ, and costs against the appearing defendants on the ordinary basis from 27 March 2019.
Legal Topics
['possession of Land' 'lease or Licence' 'termination of Licence' 'writ of Possession' 'vacant Possession' 'costs']
['property Law' 'residential Tenancies'] ['possession of Land' 'lease or Licence' 'termination of Licence' 'writ of Possession' 'vacant Possession' 'costs']

Case Brief

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Procedural Posture

Claim for Possession of Residential Property / Ex Tempore Principal Judgment After Hearing

Legal Issues

  1. 1 ['Whether the residents occupied the cottage under a residential lease or as licensees as at September 2018.' 'Whether the letter of 17 September 2018 gave effective notice requiring the residents to vacate.' 'Whether hardship and difficulty finding alternative accommodation justified refusing or delaying possession.' 'Whether the plaintiff should be granted vacant possession and leave to issue a writ for possession.']

Ratio Decidendi

The defendants had no present right to occupy the property. Any lease based on Mr O'Neil's work had ended at the latest upon his death, and by September 2018 the remaining residents were licensees whose licence had been revoked on appropriate notice. In any event, 10 months had elapsed since notice was given. The defendants' hardship was accepted, but it did not outweigh the plaintiff's entitlement as registered proprietor to vacant possession for commercial development.

Court Disposition

Plaintiff granted declaration, vacant possession, leave to issue a writ for possession, issue of the writ, delayed execution of the writ, and costs against the appearing defendants on the ordinary basis from 27 March 2019.

Orders

  • ['A declaration that the Defendants have no present right to enter, occupy, or remain upon the land situate and known as 89 Bruce Road in Orange in the State of New South Wales, being land comprised in the folio identifiers: 12/718922 being Lot 12 DP 718927; 5/702416 being Lot 5 DP 702416; 6/702416 being Lot 5 DP...