Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu [2022] NSWSC 169

Supreme Court New South Wales

Medium Neutral Citation: Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu [2022] NSWSC 169 Hearing dates: 25 February 2022 Date of orders: 25 February 2022 Decision date: 25 February 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Defence filed 1 February 2022 struck out. 2. Judgment for the First Plaintiff for possession of the property comprised in folio identifier 43/SP85814 being the property situated at and known as 43/42-48 Waverly Street, Bondi Junction NSW 2022. 3. Leave to the plaintiff to issue a writ of possession such writ not to be executed before 14 April 2022. 4. Costs reserved. 5. Stand over the balance of the proceeding before Davies J at 2:30pm on 25 March 2022. 6. Parties granted liberty to apply on 2 days' notice to Associate. Catchwords: LAND LAW – possession of land – where registered proprietor is bankrupt – right of trustee to obtain possession Legislation Cited: Bankruptcy Act 1966 (Cth) s 58 Real Property Act 1900 (NSW) s 90 Uniform Civil Procedure Rules 2005 (NSW) r 12.1 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Nick Mellos in his capacity as trustee of the bankrupt estate of Rui Yu (Plaintiff) Jin Yu (Defendant) Representation: Counsel: P Saroukas (Plaintiff) In person (Defendant)

Solicitors: Chambers Russell Lawyers (Plaintiff) Self-represented (Defendant) File Number(s): 2021/83612 Publication restriction: Nil