Harden Shire Council v Richardson [2012] NSWSC 622

Supreme Court New South Wales

Medium Neutral Citation: Harden Shire Council v Richardson [2012] NSWSC 622 Hearing dates: 1 July 2011, 25 August 2011 Decision date: 07 June 2012 Jurisdiction: Common Law Before: Johnson J Decision: Judgment is given to the Plaintiff for possession of the Jugiong property. Grant leave to the Plaintiff to issue a writ of possession in respect of the Jugiong property forthwith. The Defendant is to withdraw caveat xxx within two business days. Catchwords: REAL PROPERTY - sale of land by council for unpaid rates - defendant purchased land in 1998 in false name - defendant misleads council that he is tenant and not owner of land - land sold at public auction - condition of contract for sale that council gives vacant possession to purchaser - claim by council for possession of land before completion of sale to give vacant possession to purchaser on completion - defendant refuses to surrender possession of land - efficacy of sale process - compliance with ss.713 and 715 Local Government Act 1993 - whether summary rejection by council of partial offer by defendant on eve of auction constituted non-compliance with s.715(2)(b) - whether council entitled to possession of land - whether defendant required to surrender possession of land before registration of transfer - implied entitlement of council to obtain possession under Local Government Act 1993 - application of s.60 Real Property Act 1990 and s.109 Conveyancing Act 1919 - council entitled to possession - judgment for possession with leave to issue writ of possession forthwith Legislation Cited: Local Government Act 1993 Residential Tenancies Act 1987 Residential Tenancies Act 2010 Real Property Act 1900 Conveyancing Act 1919 Local Government Act 1919 Bankruptcy Act 1966 (Cth) Civil Procedure Act 2005 Cases Cited: Anderson v Lismore City Council [2011] NSWSC 1058; 185 LGERA 239 Logue v Shoalhaven Shire Council [1978] 1 NSWLR 710 Logue v Shoalhaven Shire Council [1979] 1 NSWLR 537 Blacktown Municipal Council v Custom Credit Corporation (1968) 71 SR (NSW) 365 Quzag v Gunning Shire Council [2005] NSWSC 970; 142 LGERA 77 R v Secretary of State for the Home Department; ex parte Venables [1998] AC 407 Green v Daniels [1977] HCA 18; 51 ALJR 463 Minister for Aboriginal Affairs v Peko-Wallsend Limited [1986] HCA 40; 162 CLR 24 Sorbello v Whan [2007] NSWSC 951 Plenty v Dillon [1991] HCA 5; 171 CLR 635 Kuru v State of New South Wales [2008] HCA 26; 236 CLR 1 Hillebrand v Penrith City Council [2001] NSWSC 200; 51 NSWLR 424 Sood v Christianos [2008] NSWSC 1087 Bropho v Western Australia [1990] HCA 24; 171 CLR 1