Australian Executor Trustees v Tilley (No.2) [2012] NSWSC 1072

Supreme Court New South Wales

Medium Neutral Citation: Australian Executor Trustees v Tilley (No.2) [2012] NSWSC 1072 Hearing dates: 22/08/2012 Decision date: 23 August 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the plaintiff be given possession of the whole of the land comprised in folio identifier 33/SP69950 situated at and known as 33/30-32 Pirrama Road, Pyrmont, New South Wales. (2) Order that the plaintiff be given possession of the whole of the land comprised in folio identifier 190/SP69950 situated at and known as "car space" 30-32 Pirrama Road, Pyrmont, New South Wales. (3) Order that the plaintiff have leave to issue a writ of possession in relation to the Pyrmont land to which I have made in reference to in orders 1 and 2. (4) Order the that the Pyrmont property be sold by the plaintiff in such manner and on such terms as the Court may direct. (5) Stay orders 3 and 4 for a period of 21 days. (6) Order that the defendants pay the plaintiffs costs on an ordinary basis. (7) Reserve to the plaintiff the right to apply for that order to be varied so as to include costs on the indemnity basis. Catchwords: PROPERTY - possession - no evidence of value of land - whether court should exercise discretion to make an order for sale - whether court should determine relevant reserve price - whether debtors ought to be allowed time to repay outstanding balance Category: Procedural and other rulings Parties: Australian Executor Trustees Ltd (P) Adam Thomas Tilley (D1) Benedict Thomas Tilley (D2) Simon Arthur Tilley (D3) Hunt Pacific Finance Pty Ltd (D4) Linkshore Pty Ltd (D5) Representation: Counsel: R Bellamy (P) P Moloney (D1, 3, 5) Solicitors: Gadens Lawyers (P) Moloney Lawyers (D1, 3, 5) File Number(s): 2011/113129