Dodd v Dodd [2020] NSWSC 1094

Supreme Court New South Wales

Medium Neutral Citation: Dodd v Dodd [2020] NSWSC 1094 Hearing dates: 19 August 2020 Date of orders: 19 August 2020 Decision date: 19 August 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Defence dated 25 July 2020 is struck out. 2. Leave to the plaintiff to move for default judgment and to issue writ of possession to enforce the judgment of the Court. 3. Remainder of proceedings after obtaining default judgment is transferred to the Equity Division. 4. Listed for Directions before Hallen J at 10am on 28 August 2020. 5. Parties granted liberty to apply on 2 days' notice to Associate. Catchwords: LAND LAW – possession of land – where plaintiff is the executor of the will of the registered proprietor – where defendant went into occupation of property after deceased's death – where defendant has claim for provision under the Succession Act – no defence to claim for possession – defence struck out – leave to plaintiff to obtain default judgment Legislation Cited: Succession Act 2006 (NSW) s 59 Cases Cited: Nil Texts Cited: Nil Category: Procedural and other rulings Parties: Marilyn Dodd (Plaintiff) Peter Dodd (Defendant) Representation: Counsel: M Twemlow (Plaintiff) P Muscat (Defendant)

Solicitors: Gillis Delaney Lawyers (Plaintiff) Nicholas Dan (Defendant) File Number(s): 2020/188557 Publication restriction: Nil