RIMMER v BOURKE [2005] NSWSC 205

New South Wales Supreme Court

CITATION : RIMMER v BOURKE [2005] NSWSC 205

HEARING DATE(S) : 17, 23, 26 August 2004; 11 November 2004; 3, 4, 7, 11, 18 February 2005

JUDGMENT DATE : 16 March 2005

JUDGMENT OF : Levine J

DECISION : 1. Judgment for the plaintiff in the sum of $250,058.85; 2. Judgment for possession of the land being part of the property named "Killara", situated at Binnaway NSW, being the whole of the land comprised in Certificates of Title Folio Identifier 45/753368 and 48/753368; 3. Grant leave to the plaintiff to issue a writ for possession; 4. The writ of possession is to lie in the Registry for a period of 28 days from today; 5. Defendant to pay the plaintiff's costs on a solicitor/client basis; 6. Order payment out to the solicitors for the plaintiff, in pro tanto satisfaction of the judgment debt, of the sum paid into Court of $100,000; 7. I dismiss the Cross Claim; 8. I order the return of the exhibits.

CATCHWORDS : Possession of land - dispute as to payment of interest

Conveyancing Act 1919 LEGISLATION CITED : Real Property Act 1900 (NSW)

Bovill v Endle [1896] 1 Ch 648 Fitzgerald's Trustee v Mellersh [1892] 1 Ch 385 Four-Maids Ltd v Dudley Marshall (Properties) Limited [1957] Ch 317 CASES CITED : Hyde Management Services Pty Ltd v FAI Insurances Ltd (1979) 24 ALR 435 SEAA Enterprises Pty Ltd v Figgins Holdings Pty Ltd [1998] 2 VR 90 Teevan v Smith (1882) 20 Ch D 724 Twentieth Century Banking Corporation Limited v Wilkinson [1977] Ch 99

PATRICIA OUIDA RIMMER (Plaintiff)

v PARTIES : JOHN GILES BOURKE (Defendant)