Aravanis and Roy in their capacity as the Trustees of the property of Lynettte Blackburn, a Bankrupt v Cunningham [2022] NSWSC 1429

Supreme Court New South Wales

Medium Neutral Citation: Aravanis and Roy in their capacity as the Trustees of the property of Lynettte Blackburn, a Bankrupt v Cunningham [2022] NSWSC 1429 Hearing dates: 20 October 2022 Date of orders: 20 October 2022 Decision date: 20 October 2022 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to r 7.15(3) of the Uniform Civil Procedure Rules 2005 (NSW), the NSW Trustee and Guardian be appointed as the tutor of the Second Defendant. 2. Pursuant to r 7.14(2) of the Uniform Civil Procedure Rules 2005 (NSW) the tutor of the Second Defendant is not required to carry on the proceedings by a solicitor provided that a solicitor at NSW Trustee and Guardian has the conduct of the matter. 3. Judgment for the plaintiff for possession of the land comprised in Lot 1 in Strata Plan 86380 being the land situated at and known as 1/21 Marcel Avenue, Randwick, NSW 2031. 4. Leave to plaintiff to issue a writ of possession to enforce the judgment of the court. 5. First defendant to pay the plaintiff's costs of proceeding. Catchwords: LAND LAW – possession of land – where one registered proprietor made bankrupt – where no defence to claim Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) rr 7.14, 7.15 Cases Cited: Nil Texts Cited: Nil Category: Principal judgment Parties: Andrew Aravanis and Ronii Prakash Roy in their capacity as the Trustees of the property of Lynettte Blackburn, a Bankrupt (Plaintiff) Linda Cunningham (First Defendant) Harold Blackburn (Second Defendant) Representation: Counsel: D Olthof (Plaintiff) No appearance (First Defendant) T Lau (Second Defendant)