Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu (No 2) [2022] NSWSC 341

Supreme Court New South Wales

Medium Neutral Citation: Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu (No 2) [2022] NSWSC 341 Hearing dates: 25 March 2022 Date of orders: 25 March 2022 Decision date: 25 March 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Defence filed 1 February 2022 struck out insofar as it relates to Unit 42. 2. Judgment for the Second and Third Plaintiffs for possession of the property comprised in folio identifier 42/SP85814 being the property situated at and known as 42/42-48 Waverly Street, Bondi Junction NSW 2022. 3. Leave to the Second and Third plaintiffs to issue a writ of possession such writ not to be executed before 29 April 2022. 4. Plaintiff granted liberty to apply on 2 days' notice to Associate. Catchwords: LAND LAW - possession of land – where estate of registered proprietor sequestrated – claim for possession by bankruptcy trustee – where bankrupt has no standing to appear – where no defence demonstrated Legislation Cited: Nil Cases Cited: Mellos in his capacity as trustee of the bankrupt estate of Rui Yu v Jin Yu [2022] NSWSC 169 National Australia Bank Limited v Strik [2009] NSWSC 184 [2009] NSWSC 184 Scott v Wondal [2015] NSWSC 1577 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)