McLachlan v Alameddine [2022] NSWSC 1292

McLachlan v Alameddine [2022] NSWSC 1292

The defendant's pleaded belief that the deceased would leave her the property, alleged statements by the deceased, and claimed expenditure on utilities, repairs and replacements did not disclose a defence to the plaintiffs' claim for possession as registered proprietors; accordingly the second amended defence was struck out and judgment for possession was entered.

Jurisdiction
Australia
Judgment Date
26 September 2022
Procedural Posture
Claim for Possession of Land by Executors Against an Occupier / Procedural Ruling on Second Amended Defence and Judgment for Possession
Outcome
Second amended defence struck out; judgment for the plaintiffs for possession; directions made for any damages or mesne profits claim; defendant ordered to pay the plaintiffs' costs.
Legal Topics
['possession of Land' 'executors as Registered Proprietors' 'striking Out Defence' 'mesne Profits']
['land Law' 'civil Procedure' 'succession'] ['possession of Land' 'executors as Registered Proprietors' 'striking Out Defence' 'mesne Profits']

Case Brief

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Procedural Posture

Claim for Possession of Land by Executors Against an Occupier / Procedural Ruling on Second Amended Defence and Judgment for Possession

Legal Issues

  1. 1 ["Whether the defendant's second amended defence disclosed a defence to the plaintiffs' claim for possession of the property." 'Whether judgment for possession should be entered for the plaintiffs as registered proprietors.' "Whether directions should be made concerning the plaintiffs' claim for damages or mesne profits."]

Ratio Decidendi

The defendant's pleaded belief that the deceased would leave her the property, alleged statements by the deceased, and claimed expenditure on utilities, repairs and replacements did not disclose a defence to the plaintiffs' claim for possession as registered proprietors; accordingly the second amended defence was struck out and judgment for possession was entered.

Court Disposition

Second amended defence struck out; judgment for the plaintiffs for possession; directions made for any damages or mesne profits claim; defendant ordered to pay the plaintiffs' costs.

Orders

  • ['Second amended defence filed 23 September 2022 is struck out.' 'Judgment for plaintiff for possession of the land comprised in Folio Identifier 1/104807 being the land situated at and known as 22 Clara Street, Erskineville, NSW 2043.' 'Writ of possession not to be executed before 21 November 2022.' 'Any evidence...