Secure Funding Pty Ltd v Linienko (No 2) [2023] NSWSC 386

Supreme Court New South Wales

Medium Neutral Citation: Secure Funding Pty Ltd v Linienko (No 2) [2023] NSWSC 386 Hearing dates: 18 April 2023 Date of orders: 18 April 2023 Decision date: 18 April 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the whole land described in the Certificate of Title Folio Identifier Lot 178 in Deposited Plan 255548 and known as 8 Judith Anderson Drive, Doonside NSW 2767. 2. Listed for Directions before Davies J at 9:30am on 28 April 2023. 3. Liberty to apply on 2 days' notice. Catchwords: LAND LAW – possession of land – where one mortgagor dead and the NSW Trustee and Guardian substituted as defendant – where other defendant has not filed defence to claim – where other defendant entered into conditional contract to sell land on obtaining letters of administration – no consent obtained from mortgagee to sale – judgment for possession given Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Secure Funding Pty Ltd v Linienko [2023] NSWSC 224 Texts Cited: Nil Category: Principal judgment Parties: Secure Funding Pty Ltd (Plaintiff) Estate of Svetlana Anita Linienko (First Defendant) Dhana Henry Robinson (Second Defendant) Representation: Counsel: O Newman (Plaintiff) No appearances (First Defendant) D Robinson (in person) (Second Defendant)

Solicitors: Norton Rose Fulbright (Plaintiff) Unrepresented (Defendants) File Number(s): 2022/289653 Publication restriction: Nil