Whitehaven Coal Mining Limited v Tomaska [2012] NSWSC 1445

Supreme Court New South Wales

Medium Neutral Citation: Whitehaven Coal Mining Limited v Tomaska [2012] NSWSC 1445 Hearing dates: 5 April, 21 June, 18 July, 2 August 2012 Decision date: 30 November 2012 Jurisdiction: Common Law Before: Hislop J Decision: 1. Judgment for the plaintiff for possession of the land comprised in: (a) Lot 32 in Deposited Plan 754950, Folio 32/754950; (b) Lot 41 in Deposited Plan 754950, Folio 41/754950; (c) Lot 2 in Deposited Plan 219923, Folio 2/219923; (d) Lot 3 in Deposited Plan 219923, Folio 3/219923; and (e) Lot 23 in Deposited Plan 754929, Folio 23/754929 being the land known as "Stratford", Wean Road, Gunnedah, NSW. 2. Grant leave to the plaintiff to issue a writ of possession in respect of the said land, noting the plaintiff does not seek to disturb the Gardner Partnership's occupation of the land in any way. 3. Stay execution of the writ of possession until 18 January 2013. 4. Judgment for the plaintiff in the sum of $26,000. 5. The defendant to pay the plaintiff's costs. Catchwords: Possession of land - licence - term - trespass - damages. Cases Cited: Gallie v Lee [1969] 2 Ch 17 Tallerman & Co Pty Limited v Nathan's Merchandise (Victoria) Pty Limited (1957) 98 CLR 93 Balanced Securities Limited v Bianco (No 2) [2010] VSC 201 Lollis v Loulatzis [2007] VSC 547 Category: Principal judgment Parties: Whitehaven Coal Mining Limited ACN 086 426 253 (P) Tomas Pavol Tomaska (D) Representation: P Doyle Gray (Plaintiff) McCullough Robertson Lawyers (Plaintiff) File Number(s): 2011/206802