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. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.