Rafeletos v Liristis [2016] NSWSC 1329

Rafeletos v Liristis [2016] NSWSC 1329

The Plaintiffs are entitled to possession as the Defendant acknowledged in Local Court consent orders, and the Defendant's application for adjournment to appeal legal aid refusal was not pursued in good faith; requirements under the Rules for service to occupiers may be waived as all occupiers were known and notified.

Parties
First Plaintiff: Constantinou Rafeletos; Second Plaintiff: Sophia Rafeletos; Defendant: Tasos Liristis
Jurisdiction
Australia
Judgment Date
19 September 2016
Procedural Posture
Possession Proceedings / Judgment
Outcome
Judgment for the Plaintiffs for possession of the land; leave to issue writ of possession forthwith; Defendant to pay Plaintiffs' costs.
Legal Topics
Possession of Land, Commercial Lease, Default in Payment of Rent, Tenant Company Deregistered, Adjournment, Legal Aid Refusal
Real Property Possession of Land Commercial Lease Default in Payment of Rent Tenant Company Deregistered Adjournment Legal Aid Refusal

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Parties

Constantinou Rafeletos

First Plaintiff

Sophia Rafeletos

Second Plaintiff

Tasos Liristis

Defendant

Procedural Posture

Possession Proceedings / Judgment

Legal Issues

  1. 1 Whether Plaintiffs are entitled to possession of 81 Violet Street, Revesby
  2. 2 Whether Defendant had any right to remain in possession after company deregistration
  3. 3 Whether adjournment should be granted for Defendant to appeal refusal of legal aid

Ratio Decidendi

The Plaintiffs are entitled to possession as the Defendant acknowledged in Local Court consent orders, and the Defendant's application for adjournment to appeal legal aid refusal was not pursued in good faith; requirements under the Rules for service to occupiers may be waived as all occupiers were known and notified.

Court Disposition

Judgment for the Plaintiffs for possession of the land; leave to issue writ of possession forthwith; Defendant to pay Plaintiffs' costs.

Orders

  • Judgment for the Plaintiffs for possession of the land known as 81 Violet Street, Revesby in the State of New South Wales.
  • The Plaintiff has leave to issue a writ of possession forthwith.