Planning Ministerial Corporation v Clint Jarvie [2024] NSWSC 593

Supreme Court New South Wales

Medium Neutral Citation: Planning Ministerial Corporation v Clint Jarvie [2024] NSWSC 593 Hearing dates: 15 May 2024 Date of orders: 15 May 2024 Decision date: 15 May 2024 Jurisdiction: Common Law Before: Campbell J Decision: 1 Under r 13.1 Uniform Civil Procedure Rules 2005 (NSW), summary judgment in favour of the plaintiff against the defendant for possession of the land comprised in folio identifiers 181/11106 and 182/11106, being the land situate at and known as 34-36 Horning Street, Kurnell NSW 2231. 2 Under r 39.1(1)(d) UCPR, leave to the plaintiff to issue a writ of possession in enforcement of this judgment, which writ may issue forthwith but is not to be executed before the expiration of 28 days from today's date. Catchwords: TORTS – trespass to land – squatter – land owned by NSW government – no ground for adverse possession – no arguable defence – summary judgment granted Legislation Cited: Environmental Planning and Assessment (Savings, Transitional and Other Provisions) Regulation 2017, cl 6 Environmental Planning and Assessment Act 1979 (NSW), s 2.5 Interpretation Act 1987 (NSW), s 13A Limitation Act 1969 (NSW), s 27 Real Property Act 1900 (NSW), s 45D Uniform Civil Procedure Rules 2005 (NSW), rr 13.1, 39.1(1)(d) Category: Principal judgment Parties: Planning Ministerial Corporation (Plaintiff) Clint Jarvie (Defendant) Representation: Counsel: A B Douglas-Baker (Plaintiff) No appearance (Defendant)