NSW Caselaw
New South Wales Supreme Court
CITATION : Rossi v Alameddine [2010] NSWSC 967
HEARING DATE(S) : 27 August 2010
JUDGMENT DATE : 8 September 2010
JURISDICTION : COMMON LAW
JUDGMENT OF : Davies J
DECISION : (1) Judgment for possession of the premises known as 329 Wedderburn Road, Wedderburn, NSW being the whole of the land in folio identifier 14/740774 in the local government area of Campbelltown, parish of Wedderburn, county of Cumberland. (2) Judgment for the Plaintiff in the sum of $48,373.70 together with interest pursuant to s 100 Civil Procedure Act 2005. (3) Plaintiff granted leave to execute writ of possession, such writ of possession not to be executed before 5pm on 30 September 2010 but if the Defendant pays $9,000 to the Plaintiff prior to 5pm on 24 September 2010 the writ is not to be executed prior to 5pm on 26 November 2010. (4) The Defendant is to pay the Plaintiff's costs. (5) Orders to be entered forthwith.
CATCHWORDS : LANDLORD AND TENANT - residential tenancies legislation - jurisdiction - no defence that Supreme Court has no jurisdiction under the Act - lease by implication of law - Defendant in occupation during and after occupation by registered lessee - Defendant paying rent due under registered lease - expenditure by Defendant for benefit of the land - principle in Ramsden v Dyson - no unconscionable behaviour on owner's part - no right to set off.
Civil Procedure Act 2005 LEGISLATION CITED : Landlord and Tenant Act 1899 Residential Tenancies Act 1987 Residential Tenancies Regulation 2006
CATEGORY : Principal judgment
Austotel Pty Ltd v Franklins Self Serve Pty Ltd (1989) 16 NSWLR 582 Beaton v McDivitt (1987) 13 NSWLR 162 Colgate-Palmolive Co v Cussons Pty Ltd (1993) 46 FCR 225 CASES CITED : Cohen-Hallaleh v Cyral Rosenbaum Synagogue Pty Ltd [2003] NSWSC 395 Commonwealth v Rhind (1966) 119 CLR 584 Jennings Construction Ltd v Burgundy Royale Investments Pty Ltd [No 2] (1987) 162 CLR 153 Ramsden v Dyson (1866) LR 1 HL 129 Whiteford v Commonwealth of Australia (1995) 38 NSWLR 100
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate