Lowery v Lowery [2013] NSWSC 691

Lowery v Lowery [2013] NSWSC 691

The defendant occupied the estate property after demand to vacate, did not appear despite substituted service and notice, and the plaintiff produced evidence supporting the claimed market rental and reasonable cleaning and repair costs; accordingly the defendant was ordered to pay mesne profits, damages and costs.

Jurisdiction
Australia
Judgment Date
29 May 2013
Procedural Posture
Real Property Application for Mesne Profits and Damages / Notice of Motion Heard in the Absence of the Defendant
Outcome
Orders made for the defendant to pay mesne profits, damages and costs.
Legal Topics
['mesne Profits' 'vacant Possession' 'substituted Service' 'proceeding in the Absence of a Defendant' 'damages for Cleaning and Repairs']
['real Property' 'civil Procedure'] ['mesne Profits' 'vacant Possession' 'substituted Service' 'proceeding in the Absence of a Defendant' 'damages for Cleaning and Repairs']

Case Brief

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Procedural Posture

Real Property Application for Mesne Profits and Damages / Notice of Motion Heard in the Absence of the Defendant

Legal Issues

  1. 1 ['Whether it was appropriate to proceed with the notice of motion in the absence of the defendant.' 'Whether the defendant should pay mesne profits for occupying the property.' 'Whether the defendant should pay damages for cleaning and repairing the property after vacating it.']

Ratio Decidendi

The defendant occupied the estate property after demand to vacate, did not appear despite substituted service and notice, and the plaintiff produced evidence supporting the claimed market rental and reasonable cleaning and repair costs; accordingly the defendant was ordered to pay mesne profits, damages and costs.

Court Disposition

Orders made for the defendant to pay mesne profits, damages and costs.

Orders

  • ['The defendant is to pay to the plaintiff the sum of $39,770.10 for mesne profits.' 'The defendant is to pay to the plaintiff damages of $3,265.78.' "The defendant is to pay the plaintiff's costs of the proceedings." "The plaintiff's costs are to be paid from the estate of the late Elva Beatrice Lowery on an...