Scott v O'Riley [2007] NSWSC 192

Scott v O'Riley [2007] NSWSC 192

Given the history of the proceedings and the defendant's actions in re-entering and remaining upon the premises after the execution of the writ, a permanent injunction is warranted. Costs on an indemnity basis are justified by the defendant's conduct.

Parties
Plaintiff: Shirley Francis Scott; Defendant: John Joseph O'Riley
Jurisdiction
Australia
Judgment Date
02 March 2007
Procedural Posture
Injunction Application / Judgment
Outcome
Permanent injunction granted; costs on an indemnity basis ordered.
Legal Topics
Injunctions, Writ of Possession, Permanent Injunction, Costs on an Indemnity Basis
Procedure Injunctions Writ of Possession Permanent Injunction Costs on an Indemnity Basis

Case Brief

Summary, issues, holding and outcome

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Parties

Shirley Francis Scott

Plaintiff

John Joseph O'Riley

Defendant

Procedural Posture

Injunction Application / Judgment

Legal Issues

  1. 1 Whether a permanent injunction should be granted restraining the defendant from entering, re-entering or remaining in possession of the property at 119 Queen Victoria Street, Bexley
  2. 2 Whether costs should be awarded on an indemnity basis

Ratio Decidendi

Given the history of the proceedings and the defendant's actions in re-entering and remaining upon the premises after the execution of the writ, a permanent injunction is warranted. Costs on an indemnity basis are justified by the defendant's conduct.

Court Disposition

Permanent injunction granted; costs on an indemnity basis ordered.

Orders

  • The defendant, John Joseph O'Riley, is restrained from entering, or re-entering, or remaining upon the property at 119 Queen Victoria Street, Bexley, New South Wales.
  • The defendant is to pay the plaintiff's costs on an indemnity basis forthwith upon assessment or agreement.