Bosganas bht Michael v Bosganas [2024] NSWSC 1041

Supreme Court New South Wales

Medium Neutral Citation: Bosganas bht Michael v Bosganas [2024] NSWSC 1041 Hearing dates: 19 August 2024 Decision date: 19 August 2024 Jurisdiction: Common Law Before: Leeming JA Decision: 1. Judgment for the plaintiff, Lena Bosganas, for possession of the land comprised in folio identifier XX/XXXX being the land situated at and known as XX Fenwick St Bankstown NSW. 2. Direct the plaintiff to effect personal service upon the defendant of (a) these orders, (b) the reasons for judgment of the Supreme Court, and (c) the materials upon which the plaintiff relied in that Court, as soon as practicable. 3. Stay the execution of the judgment in Order 1 above until further order. 4. Grant leave to the plaintiff, no earlier than 28 days after the date upon which personal service has been effected pursuant to Order 2 above, to apply to the Court to set aside the stay and take steps to execute the judgment. 5. Direct that the plaintiff serve electronically by the last address notified the documents referred to in Order 2 above upon Mr Steve Kassem at the same time as personal service is being effected. 6. Direct the plaintiff to supply a copy of these reasons to the Law Society of NSW. 7. The defendant to pay the plaintiff's costs of these proceedings to date. 8. Grant liberty to apply on five days' notice. Catchwords: LAND LAW – possession – possession sought by registered proprietor by her tutor – whether basis for doubting efficacy of power of attorney – whether defendant had established common intention constructive trust or estoppel – judgment entered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), r 36.16(2)(b) Cases Cited: Bijkerk Investments Pty Ltd v Bikic [2020] NSWSC 1336 Galati v Deans [2023] NSWCA 13 Sidhu v Van Dyke (2014) 251 CLR 505; [2014] HCA 19 Category: Principal judgment Parties: Lena Bosganas by her tutor Lena Elizabeth Michael (Plaintiff) George Theo Bosganas (Defendant) Representation: Counsel: J Horowitz (Plaintiff)