NSW Caselaw
New South Wales Supreme Court
CITATION : Knight v Wilson [2008] NSWSC 1083
HEARING DATE(S) : 27 August 2008; 14 October 2008
JUDGMENT DATE : 29 October 2008
JUDGMENT OF : Malpass AsJ
DECISION : The plaintiff entitled to summary relief; Order 1 as sought in the Plaintiff's Notice of Motion filed on 4 August 2008; question of costs reserved together with question of a Writ of Possession.
CATCHWORDS : COMMON LAW - summary judgment - possession - registered proprietor - trustee and beneficiary - sale to pay outstanding debts - discretion
LEGISLATION CITED : Trustee Act 1925
CATEGORY : Principal judgment
Abbott v Pegler (1980) 1 BPR 9267 Agusta Pty Ltd & Ors as trustees for the Cavallino Unit Trust v The Official Trustee in Bankruptcy as trustee of the bankrupt estates of Gustavo Ferella and Angelo Ferella [2008] NSWSC 685 Davis v The Commonwealth (1986) 61 ALJR 32 CASES CITED : General Steel Industries Inc v Commissioner for Railways (NSW) & Ors (1964) 112 CLR 125 Kater v Kater No 2 (1962) NSWR 1245 MacDiarmid v MacDiarmid (1956) 74 WN (NSW) 170 Singh v Varinder Kaur (1985) 61 ALR 720
TEXTS CITED : Cole, Law and Practice in Ejectment (1857)
PARTIES : John Frederick Knight (Plaintiff) Christina Wilson (Defendant)
FILE NUMBER(S) : SC 12366/08
COUNSEL : P O'Loughlin (Plaintiff) AG Rogers (Defendant)
SOLICITORS : Warren McKeon Dickson Lawyers (Plaintiff) PJ Wood & Associates (Defendant)
IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION
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