Jamieson Louttit as official liquidator of Eco Village Resort Developments Limited (in liquidation) v Golding [2012] NSWSC 1633

Supreme Court New South Wales

Medium Neutral Citation: Jamieson Louttit as official liquidator of Eco Village Resort Developments Limited (in liquidation) v Golding [2012] NSWSC 1633 Hearing dates: 17/12/2012 Decision date: 21 December 2012 Jurisdiction: Common Law Before: Garling J Decision: (1) Order that the plaintiff be granted possession of the property known as Jasper's Village, 175 Mt Seaview Road, Mount Seaview, New South Wales, being the whole of the land contained in Certificates of Title Folio Identifiers 58/754417 and 59/754417. (2) Order that leave be granted for the plaintiffs to issue a writ of possession forthwith. (3) Defendants to pay the plaintiff's costs. Catchwords: REAL PROPERTY - claim by receiver for possession - general principles -occupation of acquired land - licences - whether a general loan agreement constitutes a licence to occupy premises. CORPORATIONS - receivers, controllers and managers - duties and liabilities - powers - appointment Legislation Cited: Corporations Act 2001 Category: Principal judgment Parties: Jamieson Louttit (P) Bradley Boyt Golding (D1) T Johnson-Henkes (D2) Representation: Counsel: A Kaufmann (P) In person (D2) Solicitors: Gadens Lawyers (P) File Number(s): 2012/370250

JUDGMENT 1On 28 November 2012, Jamieson Louttit, who is the official liquidator of Eco Village Resort Developments Limited, a company in liquidation, commenced proceedings by a summons filed in Court on that day seeking orders, amongst other things, for possession of property and an order that leave be granted to issue a writ of possession forthwith. 2Because the proceedings had some urgency about them, the Duty Judge ordered that the summons be returnable before the Court on 3 December 2012. On that day, each of the defendants, namely Mr Bradley Golding and Ms Theresa Johnson-Henkes, filed a notice of appearance. At their request, in order to enable them to obtain legal advice, the proceedings were adjourned for hearing to 17 December 2012. 3On 17 December 2012, for the reasons which I delivered orally, I declined to further adjourn the proceedings at the request of the defendants. 4I proceeded to hear the application for relief set out in paragraphs 3, 4 and 5 of the liquidator's summons. 5Those orders were as follows: "3. An order that the plaintiffs be granted possession of the property. 4. An order that leave be granted for the plaintiffs to issue a writ of possession forthwith. 5. Costs" 6The property referred to is the land known as "Jasper's Village" which is located at Mt Seaview in New South Wales. It is unnecessary in the course of these reasons for this judgment to describe the various title details.