[2009] NSWSC 172

V & L Investments Pty Limited v Turner

Judgment for Plaintiff

Catchwords

POSSESSION OF LAND - Mortgagor in default - No appearance by mortgagor - Mortgagor bankrupt - Judgment for monies and costs not sought - Trustee indicates no wish to intervene - Claim for possession sustained

Judgment

[1]
HIS HONOUR : There have been placed before the court and read the affidavits already scheduled. Those affidavits clearly demonstrate the necessary matters to entitle the plaintiff to the judgment it seeks. Mr Young, as I earlier commented, pointed out that no judgment for money is sought, and neither is an order for costs, having regard to the bankruptcy of the defendant.
[2]
Accordingly, I direct entry of judgment for the plaintiff in accordance with paragraphs (a) and (b) of the statement of claim filed 28 February 2007; that is to say, that there be judgment for the plaintiff for possession of the whole of the land contained in Folio identifier 2/242828, being the property situate at and known as 17 Kirra St, Tumut.
[3]
I grant leave for the issue of a writ of possession in respect of that property forthwith.