Terabond Pty Limited v Tsilfidis (No 2) [2023] NSWSC 1002

Supreme Court New South Wales

Medium Neutral Citation: Terabond Pty Limited v Tsilfidis (No 2) [2023] NSWSC 1002 Hearing dates: 22 August 2023 Date of orders: 22 August 2023 Decision date: 22 August 2023 Jurisdiction: Common Law Before: Weinstein J Decision: (1) Judgment for the plaintiff for possession of the land comprised in folio identifier 1/1285157 being the land situate at and known as 873-879 New Canterbury Road, Dulwich Hill, NSW, 2203.

(2) Declare that the defendant has no right to enter, occupy, or remain upon the land comprised in folio identifier 1/1285157 being the land situate at and known as 873-879 New Canterbury Road, Dulwich Hill, NSW, 2203.

(3) Order that the defendant be restrained from interfering upon or taking possession of the land comprised in folio identifier 1/1285157 being the land situate at and known as 873-879 New Canterbury Road, Dulwich Hill, NSW, 2203.

(4) Leave to issue a writ for possession of the land comprised in folio identifier 1/1285157 being the land situate at and known as 873-879 New Canterbury Road, Dulwich Hill, NSW, 2203.

(5) The defendant is to pay the plaintiff's cost as agreed or assessed.

(6) I stand that part of the plaintiff's claim against the defendant for mesne profits before the Registrar on Tuesday 29 August 2023. Catchwords: CIVIL PROCEDURE – Possession of land – application for default judgment – default judgment entered Legislation Cited: Civil Procedure Act 2005 Residential Tenancies Act 2010 Uniform Civil Procedure Rules 2005 Cases Cited: Case v Frimont [2021] NSWCA 30 Cross v Cross-Boyd [2021] NSWSC 977 Elddin v Hamed (No 2) [2015] NSWSC 654 Terabond Pty Limited v Tsilfidis [2023] NSWSC 851 Category: Principal judgment Parties: Terabond Pty Limited (plaintiff) Paul Tsilfidis (defendant) Representation: Counsel: J Morris SC (plaintiff)