Merl by her Tutor Helga Jenkins v Andrew Merl [2022] NSWSC 434

Supreme Court New South Wales

Medium Neutral Citation: Merl by her Tutor Helga Jenkins v Andrew Merl [2022] NSWSC 434 Hearing dates: 7 April 2022 Date of orders: 12 April 2022 Decision date: 12 April 2022 Jurisdiction: Common Law Before: Campbell J Decision: (1) Judgment for the plaintiff for possession of the whole of the land in Folio Identifier XX/XXX02, being Lot XX in Deposited Plan XXXX and known as 6 XXXXXXX Street, XXXXXX Island New South Wales XXXX; (2) Direct that the plaintiff file and serve an Amended Statement of Claim joining Manfred Richard Merl as a second defendant by 14 April 2022; (3) Judgment under Order 1 may be entered upon the filing of an Affidavit of Service of the Amended Statement of Claim on Manfred Richard Merl; (4) The plaintiff has leave to issue a writ of possession forthwith upon the entry of judgment; (5) The writ may not be executed prior to 28 April 2022; (6) The defendant, Andrew Merl, to pay the plaintiff's costs of the proceedings. Catchwords: LEASES AND TENANCIES – Residential Tenancies Act 2010 (NSW) – residential tenancy agreements – validity of lease where property co-owned by joint tenants – lease agreement entered into by only one joint tenant Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 6.24 Residential Tenancies Act 2010 (NSW), s 119 Cases Cited: State of New South Wales v Koumdjiev (2005) 63 NSWLR 353; [2005] NSWCA 247 Valverde v Inch [2018] NSWSC 366 Texts Cited: The Law of Real Property in New South Wales, BA Helmore, Law Book Co, Australia, 2nd edition, 1966 Category: Principal judgment Parties: Joan Elizabeth Merl, by her tutor Helga Jenkins (Plaintiff) Andrew Merl (Defendant) Representation: Counsel: A. Crossland with Mr J Widjaja (Plaintiff) K. Merrick (Solicitor)(Defendant)