Foundouradakis v Papantoniou [2023] NSWSC 662

Foundouradakis v Papantoniou [2023] NSWSC 662

Principal Registrar's order setting aside default judgment was wholly erroneous; plaintiffs, as registered proprietors, are entitled to possession, default judgment stands, and writ for possession should issue.

Jurisdiction
Australia
Judgment Date
24 May 2023
Procedural Posture
Possession of Real Property / Review of Registrar's Order, Motion for Writ of Possession
Outcome
Principal Registrar's decision to set aside default judgment discharged and set aside; default judgment for possession stands; writ for possession to issue; costs awarded to plaintiffs.
Legal Topics
['possession' 'default Judgment' 'writ of Possession' "review of Registrar's Order"]
['real Property' 'civil Procedure'] ['possession' 'default Judgment' 'writ of Possession' "review of Registrar's Order"]

Case Brief

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Procedural Posture

Possession of Real Property / Review of Registrar's Order, Motion for Writ of Possession

Legal Issues

  1. 1 ["whether to discharge and set aside Principal Registrar's decision to set aside default judgment" 'entitlement of registered proprietors to possession' 'whether default judgment for possession stands']

Ratio Decidendi

Principal Registrar's order setting aside default judgment was wholly erroneous; plaintiffs, as registered proprietors, are entitled to possession, default judgment stands, and writ for possession should issue.

Court Disposition

Principal Registrar's decision to set aside default judgment discharged and set aside; default judgment for possession stands; writ for possession to issue; costs awarded to plaintiffs.

Orders

  • ['Order that Order 4 dated 27 March 2023 made by the Principal Registrar setting aside the default judgment for possession be discharged and set aside.' 'Plaintiffs have the benefit of the default judgment for possession entered on 21 March 2023.' 'Plaintiffs have the benefit of the judgment ordering first defendant...