Kingsley Securities Pty Ltd v Weng [2023] NSWSC 1110

Supreme Court New South Wales

Medium Neutral Citation: Kingsley Securities Pty Ltd v Weng [2023] NSWSC 1110 Hearing dates: 8 September 2023 Date of orders: 8 September 2023 Decision date: 08 September 2023 Jurisdiction: Common Law Before: Campbell J Decision: Leave to the plaintiff for the issue of a writ of restitution to restore the plaintiff's possession of the land comprised in folio identifier XX/XXXX of the register and known as XX/XX-XX XXXXXXX XXX Homebush West in the State of New South Wales Catchwords: CIVIL PROCEDURE — enforcement — writ of restitution — writ for possession obtained against the defendants — orders made for limited period permitting defendants to have access to the property whilst obtaining imminent refinance — debt was not repaid — defendants' continued use of the land beyond the temporary access ordered was a trespass — consideration of whether sufficient nexus between that trespass and the original recovery of possession — writ of restitution granted Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) r 39.1 Cases Cited: Capital Access Pty Ltd v Charnwood Constructions Pty Ltd [2022] NSWSC 1185 Wilkshire County Council v Frazer (1985) 52 P&C R 46 Category: Procedural rulings Parties: Kingsley Securities Pty Ltd (Plaintiff) Kai Yu Weng (First Defendant) Ke Fu Guo (Second Defendant) Representation: Counsel: M Daniels (Plaintiff) No appearance (Defendants)

Solicitors: Elliott May Lawyers (Plaintiff) File Number(s): 2022/23572