Transport for New South Wales v Pursuant to Uniform Civil Procedure Rules r 6.1A [2023] NSWSC 1137

Transport for New South Wales v Pursuant to Uniform Civil Procedure Rules r 6.1A [2023] NSWSC 1137

Because the plaintiff established that it was the registered proprietor of the land, that unknown persons were occupying it without permission, that reasonable attempts had been made to identify and notify those persons, and that the circumstances were analogous to authority permitting possession proceedings without...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
13 September 2023
Procedural Posture
Possession of Land Proceeding by Statement of Claim With Notice of Motion / Ex Tempore Judgment on Notice of Motion Filed 20 July 2023
Outcome
Notice of Motion granted; no order as to costs.
Legal Topics
['proceedings Without a Named Defendant' 'possession of Land' 'dispensing With Personal Service' 'service of Statement of Claim']
['civil Procedure' 'real Property'] ['proceedings Without a Named Defendant' 'possession of Land' 'dispensing With Personal Service' 'service of Statement of Claim']

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Procedural Posture

Possession of Land Proceeding by Statement of Claim With Notice of Motion / Ex Tempore Judgment on Notice of Motion Filed 20 July 2023

Legal Issues

  1. 1 ['Whether leave should be granted nunc pro tunc for the plaintiff to commence proceedings where no identified defendant had been named.' 'Whether any provision in the Uniform Civil Procedure Rules 2005 (NSW) preventing judgment for the plaintiff where no defendant is named should be dispensed with.' 'Whether personal service of the statement of claim should be dispensed with and alternative service orders made.']

Ratio Decidendi

Because the plaintiff established that it was the registered proprietor of the land, that unknown persons were occupying it without permission, that reasonable attempts had been made to identify and notify those persons, and that the circumstances were analogous to authority permitting possession proceedings without a named occupier, the Court dispensed with any rule preventing judgment where no defendant is named and made the requested service orders.

Court Disposition

Notice of Motion granted; no order as to costs.

Orders

  • ['Dispense with any provision in the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) that would prevent judgment being given in favour of the plaintiff where no defendant is named in the proceeding.' 'Pursuant to r 10.14(1) of the UCPR, personal service of the statement of claim filed in the proceeding (Statement of...