C88 Project Pty Ltd (In Liquidation) (Controller Appointed) v The Occupier [2023] NSWSC 135

Supreme Court New South Wales

Medium Neutral Citation: C88 Project Pty Ltd (In Liquidation) (Controller Appointed) v The Occupier [2023] NSWSC 135 Hearing dates: 2 March 2023 Date of orders: 2 March 2023 Decision date: 02 March 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Dispense with any provision in the Uniform Civil Procedure Rules 2005 (NSW) that would prevent judgment being given in favour of the plaintiff where no defendant is named in the proceedings. 2. Judgment for the plaintiff for possession of the land comprised in the certificate of title reference 264/SP90944, being the land situated at and known as Unit 412, 2 Thallon Street, Carlingford, NSW 2118. 3. Leave to the plaintiff to issue a writ of possession to enforce the judgment of the Court. Catchwords: CIVIL PROCEDURE – parties – commencement of proceedings without naming a defendant – proceedings for possession of land – where plaintiff is registered proprietor – where unidentified person in occupation LAND LAW – possession of land – where possession sought by registered proprietor against unidentified squatter Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 6.1A Cases Cited: Application by the Planning Ministerial Corporation [2020] NSWSC 903 GEL Custodians Pty Limited v the Estate of the Late Geoffrey Frances Wells [2013] NSWSC 973 Texts Cited: Nil Category: Procedural rulings Parties: C88 Project Pty Ltd (In Liquidation) (Controller Appointed) The Occupier (Defendant) Representation: Counsel: T Jonker (Plaintiff) No appearance (Defendant)