Pakair Pty Limited v Maulolo [2007] NSWSC 24

New South Wales Supreme Court

CITATION : Pakair Pty Limited v Maulolo [2007] NSWSC 24 This decision has been amended. Please see the end of the judgment for a list of the amendments.

HEARING DATE(S) : 29/1/07

JUDGMENT DATE : 29 January 2007

JUDGMENT OF : Bell J at 1

EX TEMPORE JUDGMENT DATE : 29 January 2007

DECISION : 1. Give the plaintiff possession of the premises being the whole of the land in certificate of title folio identifier 83/1/1788 (the property); 2. The plaintiff have leave to issue a writ of possession in respect of the property; 3. The defendant pay the plaintiff's costs of the proceedings; 4. Dismiss the first cross-claim.; There has been no appearance either by the cross-claimant or the first cross-defendant to the second cross-claim and in those circumstances I strike the proceedings out of the list. With respect to the second cross-defendant, no evidence has been led in support of claims against him and in these circumstances the second cross-claim against the second cross-defendant are dismissed and the cross-claimant is to pay the second cross-defendant's costs.

Credit (Home Finance Contract) (Saving and Transitional) Regulation 1984 LEGISLATION CITED : Farm Debt Mediation Act 1994 Landlord and Tenant Act 1899 Residential Tenancies Act 1987

Pakair Pty Limited (Plaintiff) PARTIES : Sammy Toesami Maulolo (Defendant) Mani Subramanian Nair (Second cross-defendant to second cross-claim)

FILE NUMBER(S) : SC 11176/04

A F Fernon (Plaintiff) COUNSEL : No appearance (Defendant) R A Pepper (2nd Cross-Defendant)