Application by the Planning Ministerial Corporation [2020] NSWSC 903

Supreme Court New South Wales

Medium Neutral Citation: Application by the Planning Ministerial Corporation [2020] NSWSC 903 Hearing dates: On the papers Date of orders: 16 July 2020 Decision date: 16 July 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Dispense with any provision in the Uniform Civil Procedure Rules 2005 (NSW) that would prevent judgment being given in favour of the plaintiff where no defendant is named in the proceedings. (2) Judgment for the plaintiff for possession of the land comprised in folio identifier 13/1021940 being the land situated at and known as 112 Wallgrove Road, Cecil Park, New South Wales. (3) Leave to the plaintiff to issue a writ of possession to enforce the judgment of the Court. Catchwords: CIVIL PROCEDURE – parties – commencement of proceedings without naming defendant – proceedings for possession of land – where plaintiff was registered proprietor – where land occupied by squatters – order made under r 6.1A UCPR JUDGMENTS AND ORDERS – default judgment – where no defendant named – where judgment in rem sought – Rules dispensed with Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 6.1A, 16.4, 36.8 Cases Cited: GEL Custodians Pty Limited v The Estate of the late Geoffrey Francis Wells [2013] NSWSC 973 International Finance Trust Company Limited & Anor v New South Wales Crime Commission [2008] NSWCA 291; (2008) 251 ALR 479; (2008) 189 A Crim R 559 Texts Cited: Nil Category: Principal judgment Parties: Planning Ministerial Corporation (Plaintiff) Representation: Counsel: On the papers