MANSOUR v JAMIL [2002] NSWCA 48

New South Wales Court of Appeal

CITATION : MANSOUR v JAMIL [2002] NSWCA 48 FILE NUMBER(S) : CA 40366/01 HEARING DATE(S) : 20th February 2002 JUDGMENT DATE : 14 March 2002

PARTIES : Anthony Mansour - Appellant Violet Jamil - Respondent JUDGMENT OF : Sheller JA at 1; Stein JA at 60; Hodgson JA at 61

LOWER COURT JURISDICTION : Supreme Court - Common Law Division LOWER COURT CL 11768/00 FILE NUMBER(S) : LOWER COURT Sully J JUDICIAL OFFICER :

COUNSEL : Appellant - In person Respondent - S Baker SOLICITORS : Appellant Respondent - Ward Maxwell & Co CATCHWORDS : REAL PROPERTY - licence for value - weight of evidence - balance of probabilities - procedural fairness - appeal dismissed LEGISLATION CITED : N/A CASES CITED: N/A DECISION : 1. Appeal dismissed with costs; 2. The costs to include the costs of the application for a stay; 3. Discharge as from the date of this judgment the stay made by Hodgson JA on 4 June 2001 and continued by this Court on 5 February 2002, to the intent that any payments, by way of occupation fee pursuant to the condition on which the stay was granted, made by Mr Mansour or any liability of Mr Mansour to make such payments up to the date of discharge of the stay are not affected by this order discharging the stay; 4. The plaintiff, Mrs Jamil, have leave to issue forthwith a writ of possession but that such writ shall lie in the Registry of the Supreme Court for a period of twenty-eight days from today. Thereafter the writ may be enforced without further order.

IN THE SUPREME COURT OF NEW SOUTH WALES COURT OF APPEAL CA 40366/01 CL 11768/00