Bransgrove v Permanent Custodians Ltd [2006] NSWSC 747

New South Wales Supreme Court

CITATION : Bransgrove v Permanent Custodians Ltd [2006] NSWSC 747

HEARING DATE(S) : 14/07/06 JUDGMENT OF : Gzell J

EX TEMPORE JUDGMENT DATE : 07/14/2006

DECISION : Application dismissed.

CATCHWORDS : LANDLORD AND TENANT- Use and Occupation - Tenant served with Notice to Occupy by mortgagee in action for possession against landlord - Tenant assured by landlord that a mistake and takes no action - Tenant served with Notice to Vacate by sherriff - Seeks injunction restraining his eviction - No equity against mortgage or mortgagee

PARTIES : Mr Stephen Bransgrove - Plaintiff appeared in Person

FILE NUMBER(S) : SC 3821/06

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

GZELL J

FRIDAY 14 JULY 2006

3821/06 STEPHEN BRANDON BRANSGROVE v PERMANENT CUSTODIANS LTD EX TEMPORE JUDGMENT 1 Stephen Brandon Bransgrove is a tenant of Joseph James Melhem. On 25 October 2005, a notice to occupier was served on Mr Bransgrove by Permanent Custodians Ltd. Included with the notice was a copy of a statement of claim between Permanent Custodians and Mr Melhem. The notice stated that Permanent Custodians was claiming possession of land occupied by Mr Bransgrove. It said: "You may apply to the court for an order that you be added as a defendant in the proceedings."

And it said: "If you do not apply to the court within 10 days after this notice is served on you: the court may enter judgment in your absence, and you may be evicted from the land."

2 Mr Bransgrove did nothing in response to that notice because he had a meeting with Mr Melhem when Mr Melhem said: "The incident with the sheriff was just a big mistake you can stay hear ( sic) and I will fix up the problem with the bank." 3 On Saturday 8 July 2006, the sheriff presented Mr Bransgrove with a notice to vacate stating that in the matter of Permanent Custodians and Mr Melhem the sheriff was commanded to place Permanent Custodians in possession of the lands and premises described as 90 Tuckwell Road, Castle Hill and that: "all occupants are hereby warned that they must vacate the premises without delay - in any event no later than 10:00:00 AM Tuesday 18 July 2006 otherwise action to evict will proceed without further warning."