13 Oct 2023
The defendant occupied the property without the owners' licence or consent and was not a tenant; the plaintiffs established their cause of action to the required standard in a formal proof under r 15.9; accordingly the court must grant recovery of possession under Part 13 and make attendant orders including costs.
11 May 2018
Respondents occupy estate land without legal entitlement and thus are unlawful occupiers within r13.1; procedural irregularity in commencing by originating application is cured and the matter is correctly determined under Part 13; alleged oral agreement and unsigned family settlement cannot bind the estate and, if made by the executor, would breach executor duties; accordingly the executor is entitled to possession and relief is granted ordering vacating of the properties within 28 days.