St George Bank v Udowenko and Ors [2010] NSWSC 1289

New South Wales Supreme Court

CITATION : St George Bank v Udowenko and Ors [2010] NSWSC 1289

HEARING DATE(S) : 25 October 2010

JUDGMENT DATE : 11 November 2010

JUDGMENT OF : Schmidt J

1. The plaintiff is given leave to issue a writ of restitution to restore to the plaintiff possession of land comprised in certificate of title folio identifier 3/37244 situated and known as 956 Gresford Road, Vacy New South Wales, 2421. DECISION : 2. A sealed copy of the Court's judgment in these proceedings of 15 March 2004 be issued with the following endorsement: "To Michael Udowenko, Helen Udowenko and Valentyn Udowenko, you are served with a copy of this Judgment and you are liable to imprisonment or to sequestration if you do not give possession of the land contained in Certificate of Title Folio Identifier 3/37244 known as 956 Gresford Road, Vacy New South Wales 2421, to the plaintiff, or if you remain upon that property, or if you re-enter that property after possession has been delivered to the plaintiff."

CATCHWORDS : PROCEDURE - judgments and orders - enforcement of judgments and orders - possession - order seeking leave to issue writ of restitution - order seeking a sealed copy of judgment with an endorsement - Rules 36.12 and 40.7 of the Uniform Civil Procedure Rules 2005 - reoccupation of property after eviction - claim made for a trial by jury - plaintiff entitled to possession - writ of restitution granted - orders made for the endorsement of judgment - costs

Civil Procedure Act 2005 Common Law Procedure Act 1899 LEGISLATION CITED : Interpretation Act 1987 Supreme Court Act 1970 Supreme Court Procedure Act 1900 Uniform Civil Procedure Rules 2005