NSW Caselaw
New South Wales Supreme Court
CITATION : Ocean Leila Australia Pty Limited v Plaster Board Alexanderia Limited [2007] NSWSC 1293 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 13 November 2007
JUDGMENT DATE : 16 November 2007
JURISDICTION : Common Law Division - Possession List
JUDGMENT OF : Associate Justice Harrison
DECISION : (1) It is adjudged that the plaintiff have possession of the land at 326 Botany Road, Alexandria being the property contained in Certificate of Title Auto Consol 7487-215; (2) The claim for a monetary sum is stood over to the Registrar's list at 9.00am on 20 November 2007 for directions; (3) Argument will be heard as to costs and the date upon which a writ of possession should issue.
CATCHWORDS : Transfer to Administrative Decisions Tribunal - summary judgment
Civil Procedure Act 2005 (NSW) - s 61 Conveyancing Act 1919 LEGISLATION CITED : Retail Leases Act 1994 (NSW) - ss 68, 75 Uniform Civil Procedure Rules 2005 (NSW) - rr 12.7, 13, 14.28 Equity, Doctrines and Remedies 4th ed (2002) 1057
CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Lord v Direct Acceptance Corporation Ltd (in Liq) (1993) 32 NSWLR 36
PARTIES : Ocean Leila Australia Pty Limited - Plaintiff Plasterboard Alexandria Pty Limited - Defendant
FILE NUMBER(S) : SC 12276/2007
COUNSEL : Mr J Darvall - Plaintiff
SOLICITORS : Mr J Grellman, Thorntons - Plaintiff Mr S Boticki (Director of Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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