Tight v Guo [2020] NSWSC 1567

Supreme Court New South Wales

Medium Neutral Citation: Tight v Guo [2020] NSWSC 1567 Hearing dates: 6 November 2020 Date of orders: 6 November 2020 Decision date: 06 November 2020 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the plaintiff for possession of the land comprised in 10/975269 being the land situated at and known as House No. 2, 204 Evans Street, Rozelle NSW 2039. 2. The plaintiff is granted leave to issue a writ of possession to enforce the judgment of the Court, such writ not to be executed before 18 December 2020. 3. The defendant is to pay the plaintiff's costs of the proceedings. Catchwords: LAND LAW - possession of land – claim by registered proprietor against occupier – where occupier defends claim on the basis of being the de facto partner of the plaintiff – where the defendant later makes claim in the Federal Circuit Court seeking property orders arising out of de facto relationship – whether such a claim provides a defence to a claim for possession – whether such a claim amounts to a caveatable interest COSTS – party/party – general rule that costs follow the event – proceedings settled with no agreement as to costs – whether costs order should be made – where no arguable defence disclosed Legislation Cited: Family Law Act 1975 (Cth) Jurisdiction of Courts (Cross-vesting) Act 1987 (NSW) Cases Cited: Bethian Pty Ltd v Green (1973) FLR 11579 Dykstra v Dykstra (1991) 22 NSWLR 556 Holder v Zeiher [2014] NSWSC 556 Morling v Morling (1992) 16 Fam LR 161. Re Minister for Immigration and Ethnic Affairs (Cth): Ex Parte Lai Qin (1997) 186 CLR 622 Wilkes v Bykowski [2016] NSWSC 1685 Texts Cited: Nil Category: Principal judgment Parties: Nicholas Tight (Plaintiff) Hui Guo (Defendant) Representation: Counsel: S Gray (Plaintiff) D Delfino (Defendant)