Tamworth City Council v Vorhauer & Anor [2003] NSWSC 640

Tamworth City Council v Vorhauer & Anor [2003] NSWSC 640

The defence did not raise any matter which could constitute a defence to the plaintiff's claim for possession, and the cross-claim did not plead or disclose any reasonable cause of action; therefore, both are struck out.

Parties
Plaintiff: Tamworth City Council; First Defendant: Florence Amelia Vorhauer; Second Defendant: Lisa Amelia Vorhauer by her tutor Florence Vorhauer
Jurisdiction
Australia
Judgment Date
16 July 2003
Procedural Posture
Claim for Possession / Motion to Strike Out Defence and Cross Claim; Judgment Entry
Outcome
Defence and cross-claim struck out; orders made as per Minute of Judgment (except para 3); costs ordered against first defendant; proceedings returned to Possession List.
Legal Topics
Possession Proceedings, Striking Out of Pleadings, Entry of Judgment
Property Law Possession Proceedings Striking Out of Pleadings Entry of Judgment

Case Brief

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Parties

Tamworth City Council

Plaintiff

Florence Amelia Vorhauer

First Defendant

Lisa Amelia Vorhauer by her tutor Florence Vorhauer

Second Defendant

Procedural Posture

Claim for Possession / Motion to Strike Out Defence and Cross Claim; Judgment Entry

Legal Issues

  1. 1 Whether the defence discloses a valid defence to a claim for possession
  2. 2 Whether the cross-claim pleads or discloses any reasonable cause of action

Ratio Decidendi

The defence did not raise any matter which could constitute a defence to the plaintiff's claim for possession, and the cross-claim did not plead or disclose any reasonable cause of action; therefore, both are struck out.

Court Disposition

Defence and cross-claim struck out; orders made as per Minute of Judgment (except para 3); costs ordered against first defendant; proceedings returned to Possession List.

Orders

  • Defence and cross-claim struck out.
  • Orders made in terms of Minute of Judgment filed 23 August 2002 (except para 3).