Roslyn Anne O'Meley v Kane O'Meley [2013] NSWSC 1496

Roslyn Anne O'Meley v Kane O'Meley [2013] NSWSC 1496

In the absence of evidence of a residential tenancy agreement between the plaintiff and defendant, and in light of defendant's refusal to grant access for valuation, the Court orders defendant be restrained from impeding access for a valuer, with notice provisions consistent with the Residential Tenancies Act 2010 (NSW).

Parties
Plaintiff: Roslyn Anne O'Meley; Defendant: Kane O'Meley
Jurisdiction
Australia
Judgment Date
04 October 2013
Procedural Posture
Interlocutory Application / Ex Tempore Judgment
Outcome
Orders made as sought: defendant restrained from impeding valuer access, order stayed until 16 October 2013 for notice, matter expedited.
Legal Topics
Expedition of Matters, Restraint Orders, Jurisdiction Residential Tenancy Applications
Equity Expedition of Matters Restraint Orders Jurisdiction Residential Tenancy Applications

Case Brief

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Parties

Roslyn Anne O'Meley

Plaintiff

Kane O'Meley

Defendant

Procedural Posture

Interlocutory Application / Ex Tempore Judgment

Legal Issues

  1. 1 Whether the matter should be expedited
  2. 2 Whether an order should be made to restrain the defendant from preventing or hindering access to the property by a valuer
  3. 3 Jurisdiction of the Court to make the order sought in light of a residential tenancy application

Ratio Decidendi

In the absence of evidence of a residential tenancy agreement between the plaintiff and defendant, and in light of defendant's refusal to grant access for valuation, the Court orders defendant be restrained from impeding access for a valuer, with notice provisions consistent with the Residential Tenancies Act 2010 (NSW).

Court Disposition

Orders made as sought: defendant restrained from impeding valuer access, order stayed until 16 October 2013 for notice, matter expedited.

Orders

  • Defendant be restrained from taking any steps to prevent, hinder or delay access to the property by a valuer, but order stayed until 16 October 2013 to enable 7 days notice to be given by plaintiff.
  • Matter be expedited.