1 Sept 2022
Where the plaintiff is the duly appointed executrix with probate and the defendant occupies estate property without lawful right and fails to appear or oppose, the Court has jurisdiction (common law and potentially under s 251(1) PLA 2007) to grant summary judgment by default for vacant possession and costs.
23 Nov 2020
The executor, as the registered proprietor following transmission, is entitled to an order for possession because formal demand was made and the defendant has not established any real defence to defeat a summary judgment application; the court will exercise its discretion to permit a limited delay to enable a final opportunity for family resolution but will grant possession subject to a fixed vacate date.
20 Dec 2010
The permit was a partnership asset applied for and paid for by the partnership before Brian's death; Keane J's judgment ordered an accounting for the deceased partner's full share of partnership assets (including the permit) and, once satisfied, transferred the deceased partner's interest to the surviving partner (and thus his estate). Res judicata principles (Henderson v Henderson) and s92(2)(a) of the Crown Minerals Act support that outcome, so the first and second defendants hold no interest and the plaintiff as executor is the owner.