Hargraves Secured Investments Limited v Sharpe [2012] NSWSC 1519

Supreme Court New South Wales

Medium Neutral Citation: Hargraves Secured Investments Limited v Sharpe [2012] NSWSC 1519 Hearing dates: 7 December 2012 Decision date: 11 December 2012 Jurisdiction: Common Law Before: Harrison J Decision: 1. Set aside the writ of possession issued at Sydney on 25 October 2012 in respect of the whole of the land described in Certificate of Title Folio Identifier 2/567241 and 3/206327 known as 485 Rimbanda Road, Kentucky in the State of New South Wales. 2. Make no order as to costs. Catchwords: PROCEDURE - judgments and orders - amending, varying and setting aside - application to set aside writ of possession - whether defendant in default of Deed of Settlement Legislation Cited: Uniform Civil Procedure Rules 2005 Cases Cited: Kavia Holdings Pty Ltd v Werncog Pty Ltd [1999] NSWSC 839 Category: Interlocutory applications Parties: Hargraves Secured Investments Limited (Plaintiff) David George Sharpe (Defendant) Representation: Hargraves Solicitors (Plaintiff) Sage Solicitors (Defendant) File Number(s): 2012/41764

Judgment 1HARRISON J: By his notice of motion filed on 23 November 2012, Mr Sharpe seeks the following urgent relief: (1) An order pursuant to UCPR 36.16(2)(b) that writs of possession dated 25 October 2012 be set aside. (2) A declaration that a Deed of Settlement dated 5 June 2012 is valid and enforceable. (3) A declaration that all enforcement action in these proceedings is void. (4) In the alternative, an order that any action to enforce a consent judgment dated 6 June 2012 be stayed. 2The urgency in the determination of these issues, or some of them, arises because the sheriff has been directed to take possession of two properties owned by Mr Sharpe beginning on 11 December 2012.