Firstmac Fiduciary Services Pty Limited v Gilmour (No 2) [2013] NSWSC 416

Supreme Court New South Wales

Medium Neutral Citation: Firstmac Fiduciary Services Pty Limited v Gilmour (No 2) [2013] NSWSC 416 Hearing dates: 24 April 2013 Decision date: 24 April 2013 Jurisdiction: Common Law Before: Schmidt J Decision: 1. Leave for the issue of a further writ of restitution be granted. 2. A further writ of restitution be issued, to restore to the plaintiff possession of the land comprised in folio identifier XX/XXXXXX being the whole of the land situated and known as Lot XX in Deposited Plan XXXXXX at Jeremadra, Local Government Area Eurobodalla, Parish of XXXXXX County of XX XXXXXXX, also known as XX XXX XXXXX XXXXX Rd Jeremadra NSW, forthwith. 3. An order pursuant to rule 40.7 of the Uniform Civil Procedure Rules 2005 (NSW) that a sealed copy of the Court's judgment in these proceedings of 18 July 2012 be issued with the following endorsement: "Brett Andrew Gilmour, you are served with a copy of this judgment and you are liable to imprisonment or to sequestration if you do not give possession of the land contained in folio identifier XX/XXXXXX being the whole of the land situated and known as Lot XX in Deposited Plan XXXXXX at Jeremadra, Local Government Area Eurobodalla, Parish of XXXXXX County of XX XXXXXXX, also known as XX XXX XXXXX XXXXX Rd Jeremadra NSW (Property) to the plaintiff, or if you remain upon that Property, or if you re-enter that Property after possession has been delivered to the plaintiff." 4. An order pursuant to rule 40.7 of the Uniform Civil Procedure Rules 2005 (NSW) that service of the judgment be effected by email. 5. Personal service of this Notice of Motion, the Statement of Charge and any affidavits in support and these orders be dispensed with and service be effected by sending such documents to the defendant by email at the email address XXXXXXXXXXX@hotmail.com 6. Mr Gilmour to file and serve any affidavit on which he seeks to rely in order to defend the contempt charge on or before 5pm on Tuesday, 30 April 2013. 7. That the hearing of the contempt charge be listed before his Honour Justice Garling at 11:30am on Friday, 3 May 2013. 8. Costs are reserved. 9. Orders to be made forthwith. Catchwords: PROCEDURE - judgment and orders - possession - application for further writ of restitution - reoccupation of property after eviction - plaintiff entitled to possession - further writ of restitution granted - orders made for endorsement of judgment - contempt application - costs Legislation Cited: Civil Procedure Act 2005 Uniform Civil Procedure Rules 2005 Cases Cited: Firstmac Fiduciary Service Pty Limited v Gilmour (2013) NSWSC 255 Perpetual v Kelso (2008) NSWSC 96 Category: Procedural and other rulings Parties: Firstmac Fiduciary Services Pty Limited (Plaintiff) Brett Andrew Gilmour (Defendant) Representation: Counsel: Mr Kauffman (Plaintiff) Solicitors: Gadens Lawyers (Plaintiff) File Number(s): 2012/33768 Publication restriction: None