Mirvac Homes (NSW) Pty Limited v Noakes [2022] NSWSC 596

Supreme Court New South Wales

Medium Neutral Citation: Mirvac Homes (NSW) Pty Limited v Noakes [2022] NSWSC 596 Hearing dates: On the papers Date of orders: 17 May 2022 Decision date: 17 May 2022 Jurisdiction: Common Law Before: Johnson J Decision: 1. NCAT has power to issue a warrant for possession to enforce the orders made by NCAT in favour of the Plaintiff on 3 March 2022. 2. It is unnecessary for the Plaintiff to make application to the Supreme Court for the issue of a writ of possession in this case. Catchwords: PRACTICE AND PROCEDURE – order for possession of land granted by NCAT under Agricultural Tenancies Act 1990 – whether NCAT has power to issue warrant for possession to enforce NCAT order – whether application for writ of possession ought be made to Supreme Court – held NCAT has power to issue warrant for possession of land to enforce order for possession under the Agricultural Tenancies Act 1990 Legislation Cited: Agricultural Tenancies Act 1990 Civil and Administrative Tribunal Act 2013 Civil Procedure Act 2005 Interpretation Act 1987 Sheriff Act 2005 Cases Cited: Flore v NSW Department of Education and Training [2006] NSWSC 1227 Hudson v ARAP 1 (NSW) Pty Ltd (2015) NSWLR 477; [2015] NSWCA 126 ID, PF and DV v Director General, Department of Juvenile Justice (2008) 73 NSWLR 158; [2008] NSWSC 966 Morgan v Commissioner of Police [2012] NSWSC 1141 Steak Plains Olive Farm Pty Ltd v Australian Executor Trustees Ltd (2015) 230 BPR [98731]; [2015] NSWSC 289 Texts Cited: --- Category: Principal judgment Parties: Mirvac Homes (NSW) Pty Limited (Plaintiff) Nicole Noakes (Defendant) Representation: Solicitors: Dentons Australia Limited (Plaintiff) Nicole Noakes (Defendant) File Number(s): 2022/83200 Publication restriction: ---