Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 4) [2022] NSWSC 1050

Supreme Court New South Wales

Medium Neutral Citation: Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 4) [2022] NSWSC 1050 Hearing dates: 17 June 2022, 15 July 2022, 29 July 2022 Date of orders: 9 August 2022 Decision date: 09 August 2022 Jurisdiction: Common Law Before: Payne JA Decision: See [49] Catchwords: JUDGMENTS AND ORDERS — Enforcement — Suspending operation — where plaintiff successful in claim for possession of land — where execution of writ of possession stayed to enable third parties to remove property from land — stay of execution lifted subject to undertaking by plaintiff to allow period of reasonable access to land to enable removal of property Legislation Cited: Civil Procedure Act 2005 (NSW), Pt 6 Cases Cited: Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155 McPhail v Persons Unknown [1973] 1 Ch 447 Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 2) [2022] NSWSC 561 Misthold Pty Ltd v NSW Historic Sites and Railway Heritage Company Pty Ltd (No 3) [2022] NSWSC 840 Category: Consequential orders Parties: Misthold Pty Ltd (Plaintiff/Cross-defendant) NSW Historic Sites and Railway Heritage Company Pty Ltd (Defendant/Cross-claimant) Representation: Counsel: M Walton SC with N Furlan (Plaintiff/Cross-defendant) Mr C Richards (in person) as a director of (Defendant/Cross-claimant) R Tregenza (Dorrigo Steam Railway and Museum Ltd, Interested Party) A Joseph (Lachlan Valley Railway Society Co-operative Ltd, Interested Party) H Grace (Sydney Rail Services Pty Ltd and The Picnic Train Ltd, Interested Parties) G Morahan (Robert Wilson and Andrew Gordon, Interested Parties) H Burns (in person) as President of Sydney Electric Train Society Inc and on behalf of Lithgow State Mine Railway Ltd (Interested Parties) B Parker (in person) (Interested Party) A Reynolds (in person) (Interested Party) S MacNeill (Aurizon Ltd) (Interested Party)