Liu v Guo (No2) [2007] NSWSC 288

Reported Decision : (2007) DFC 95-403

New South Wales Supreme Court

CITATION : Liu v Guo (No2) [2007] NSWSC 288

HEARING DATE(S) : 12 February 2007 JURISDICTION : Equity Division

JUDGMENT OF : Brereton J

EX TEMPORE JUDGMENT DATE : 12 February 2007

DECISION : Leave to issue writ of possession.

CATCHWORDS : FAMILY LAW – De facto relationship – alteration of property interests – enforcement – writ of possession – whether available in aid of adjustive property order.

LEGISLATION CITED : (NSW) Property (Relationships) Act 1984 (NSW) Uniform Civil Procedure Rules 2005, r 39.3(2)

Everett v Cypress Gardens Pty Limited (NSWSC, Waddell J, 27 June 1978, unreported) CASES CITED : Konstadatos v Apostolou (NSWSC, Waddell J, 16 May 1979, unreported) Price v Hoy (NSWSC, Kearney J, 15 May 1979, unreported) Nevill & Ashe, Equity Proceedings with Precedents (NSW)

PARTIES : Tsan Sun Liu (plaintiff) Tony Zhong Ren Guo (defendant)

FILE NUMBER(S) : SC 1213/04

COUNSEL : Ms Warda (sol) (plaintiff) Ms Talevska (sol) (defendant)

SOLICITORS : Coleman & Greig (plaintiff) Michael Conley Lawyers (defendant)

IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION

BRERETON J

Monday 12 February 2007

1213/04 Tsan Sun Liu v Tony Zhong Ren Guo JUDGMENT (ex tempore) 1 HIS HONOUR: Following a hearing in January and February 2006, I gave a judgment in these proceedings on 7 November last year, pursuant to which short minutes were brought in on 13 November 2006. Relevantly, the orders made in accordance with those short minutes are as follows: 2. The defendant shall pay to the plaintiff's solicitors, Coleman and Greig Trust Account, the sum of $185,485, within three (3) months from the date of these orders. 3. For the purposes of giving effect to Order 2 hereof, the plaintiff shall, upon payment in accordance with Order 2 hereof, do all things and sign all documents necessary to remove the Caveat lodged by her over the property situated at and known as 31 John Street, Lidcombe ("the John Street property"). 3A. That upon the defendant giving the plaintiff, through her solicitors, 35 days' written notice of his intention to proceed with the payment of $185,485 in accordance with Order 2 above, the plaintiff shall vacate the John Street premises at least five days prior to the date fixed by the defendant's solicitors for payment in accordance with Order 2 (being not less than 40 days from the date of the written notice).