Trafford-Jones as Trustee of the estate of Luke Robert Barber v Luke Robert Barber [2023] NSWSC 1469

Supreme Court New South Wales

Medium Neutral Citation: Trafford-Jones as Trustee of the estate of Luke Robert Barber v Luke Robert Barber [2023] NSWSC 1469 Hearing dates: 29 November 2023 Date of orders: 29 November 2023 Decision date: 29 November 2023 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to Rule 6.29 of the Uniform Civil Procedure Rules 2005 (NSW) Thyge Howard Trafford-Jones as Trustee of the Estate of Luke Robert Barber be removed as Plaintiff in these proceedings. 2. Pursuant to Rule 6.32(1)(d) of Uniform Civil Procedure Rules 2005 (NSW) Gavin David King as Trustee of the Estate of Luke Robert Barber be added as Plaintiff in these proceedings. 3. Pursuant to rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW) that the Defence filed 30 October 2023 is struck out. 4. Judgment for the plaintiff for possession of the whole of the land comprised in Certificate of Title folio Identifier 51/224725, being the land situated at and known as 5 Faull Street, Parkes NSW 2870. 5. Leave is granted to the plaintiff to issue a writ of possession forthwith, such writ not to be executed before 31 January 2024. 6. The defendant is to pay the plaintiffs costs. Catchwords: LAND LAW – possession of land – possession sought by bankruptcy trustee from bankrupt – where defence relied on alleged breaches of obligations of trustee – no defence to claim for possession – defence struck-out – judgment for possession Legislation Cited: Bankruptcy Act 1966 (Cth) ss 58, 129AA, 156A Uniform Civil Procedure Rules 2005 (NSW) rr 6.29, 6.32, 14.28 Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: Thyge Howard Trafford-Jones as Trustee of the estate of Luke Robert Barber (Plaintiff) Luke Robert Barber (Defendant) Representation: Counsel: M Williams (Plaintiff) C O'Brien (Defendant)