V & L Investments Pty Limited v Turner [2009] NSWSC 172

New South Wales Supreme Court

CITATION : V & L Investments Pty Limited v Turner [2009] NSWSC 172

HEARING DATE(S) : 18 March 2009 JURISDICTION : Common Law

JUDGMENT OF : Michael Grove J

EX TEMPORE JUDGMENT DATE : 18 March 2009

DECISION : Judgment for Plaintiff

CATCHWORDS : POSSESSION OF LAND - Mortgagor in default - No appearance by mortgagor - Mortgagor bankrupt - Judgment for monies and costs not sought - Trustee indicates no wish to intervene - Claim for possession sustained

CATEGORY : Principal judgment

PARTIES : V & L Investments Pty Limited - Plaintiff Belinda Ann Turner - Defendant

FILE NUMBER(S) : SC 2007/11085

COUNSEL : M W Young - Plaintiff No appearance - Defendant

SOLICITORS : Bransgroves - Plaintiff

IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

MICHAEL GROVE J

Wednesday 18 March 2009

2007/11085 - V & L INVESTMENTS PTY LIMITED v BELINDA ANN TURNER

JUDGMENT

1 HIS HONOUR: There have been placed before the court and read the affidavits already scheduled. Those affidavits clearly demonstrate the necessary matters to entitle the plaintiff to the judgment it seeks. Mr Young, as I earlier commented, pointed out that no judgment for money is sought, and neither is an order for costs, having regard to the bankruptcy of the defendant. 2 Accordingly, I direct entry of judgment for the plaintiff in accordance with paragraphs (a) and (b) of the statement of claim filed 28 February 2007; that is to say, that there be judgment for the plaintiff for possession of the whole of the land contained in Folio identifier 2/242828, being the property situate at and known as 17 Kirra St, Tumut. 3 I grant leave for the issue of a writ of possession in respect of that property forthwith. **********