NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: McLachlan v Alameddine [2022] NSWSC 1292 Hearing dates: 26 September 2022 Date of orders: 26 September 2022 Decision date: 26 September 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Second amended defence filed 23 September 2022 is struck out. 2. Judgment for plaintiff for possession of the land comprised in Folio Identifier 1/104807 being the land situated at and known as 22 Clara Street, Erskineville, NSW 2043. 3. Writ of possession not to be executed before 21 November 2022. 4. Any evidence in relation to a claim for damages or mesne profits is to be filed and served by 24 October 2022 5. Listed for Directions before the Registrar at 9am on 7 November 2022. 6. Defendant to pay plaintiff's costs of the proceedings. Catchwords: LAND LAW – possession of land – claim by executors against an occupier – defendant asserts that deceased promised he would leave the property to her – no defence pleaded to claim for possession – defence struck out – judgment for possession Legislation Cited: Nil Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: John William McLachlan (First Plaintiff) Donal Robert Mackenzie (Second Plaintiff) Seham Alameddine (Defendant) Representation: Counsel: L Hespe (Plaintiff) In person (Defendant)
Solicitors: Teece Hodgson & Ward (Plaintiff) Self-represented (Defendant) File Number(s): 2022/164114 Publication restriction: Nil
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