S K and N S Kelberg Super Investment Pty Ltd v Meyer [2024] NSWSC 885

Supreme Court New South Wales

Medium Neutral Citation: S K and N S Kelberg Super Investment Pty Ltd v Meyer [2024] NSWSC 885 Hearing dates: 22 July 2024 Date of orders: 22 July 2024 Decision date: 22 July 2024 Jurisdiction: Common Law Before: Davies J Decision: 1. Defence dated 16 May 2024 struck out pursuant to r 14.28 of the Uniform Civil Procedure Rules 2005 (NSW). 2. Judgment for the plaintiff for possession of the land comprised in folio identifier Lot 4 in Deposited Plan 260275, being the land situated at and known as 202 Molkentin Road, Jindera NSW 2642. 3. Leave to issue a writ of possession forthwith, such writ not to be executed before 2 September 2024. Catchwords: LAND LAW – possession of land – default under mortgage – where defence does not disclose a defence to the claim – defence struck out – default judgment for possession Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Nil Texts Cited: Nil Category: Procedural rulings Parties: S K and N S Kelberg Super Investment Pty Ltd (First Plaintiff) B J & K M Sweeney Super Pty Ltd (Second Plaintiff) Dale Stephen Meyer (First Defendant) Fiona Kathleen Peters-Meyer (Second Defendant) Representation: Counsel: T Symons (Plaintiffs) No appearances (First and Second Defendants)

Solicitors: Summer Lawyers (Plaintiffs) Self-represented (First and Second Defendants) File Number(s): 2024/125508 Publication restriction: Nil