Kazar trading as in his capacity as trustee of the bankrupt estate of Mark Renet v Mark Renet [2024] NSWSC 99

Supreme Court New South Wales

Medium Neutral Citation: Kazar trading as in his capacity as trustee of the bankrupt estate of Mark Renet v Mark Renet [2024] NSWSC 99 Hearing dates: 14 February 2024 Date of orders: 14 February 2024 Decision date: 14 February 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Pursuant to rule 14.28 of the Uniform Civil Procedure Rules 2005 (NSW), the defence filed 17 November 2023 be struck out. 2. Judgment for possession for the plaintiff of the land comprised in Certificate of Title with folio identifier 7/SP22143, being the land situated at and known as Unit 7, 3 Charles Street, Queanbeyan NSW 2620. 3. The plaintiff have leave to issue a writ of possession to enforce order 2 of these orders. Catchwords: LAND LAW – possession of land – where registered proprietor made bankrupt – trustee registered as registered proprietor – where no defence to trustee's claim for possession – where local Council issued an order preventing habitation of the property – life-threatening condition of property – trustee's concern for liability if council's order not complied with – defence struck out – judgment for possession Legislation Cited: Bankruptcy Act 1966 (Cth) s 90 Uniform Civil Procedure Rules 2005 (NSW) r 14.28 Cases Cited: Renet v The Owner – Strata Plan SP 22143 [2023] FCA 631. The Owner – Strata Plan SP 22143 v Renet [2022] FedCFamC2G 953l Texts Cited: Nil Category: Procedural rulings Parties: Kazar trading as in his capacity as trustee of the bankrupt estate of Mark Renet (Plaintiff) Mark Renet (Defendant) Representation: Counsel: P Notley (Plaintiff) Mark Renet (In person) (Defendant)