Supreme Court New South Wales Medium Neutral Citation: El-Cortbaoui v Kartabaoui [2013] NSWSC 1130 Hearing dates: 15 August 2013 Decision date: 15 August 2013 Jurisdiction: Common Law Before: Schmidt J Decision: Orders 1 to 6 made in terms proposed by plaintiff. Catchwords: PROCEDURE - possession - proceed to execute writ of possession - no reason for further delay - orders sought made Category: Procedural and other rulings Parties: Gizelle Joseph El-Cortbaoui Marcelle Joseph Kartabaoui Representation: Counsel: Mr R Graham (Plaintiff) Mr D Reid, as amicus (Defendant) Solicitors: Peter Ruggeri & Associates (Plaintiff) File Number(s): 2013/108753 Publication restriction: None EX TEMPORE Judgment 1HER HONOUR: On the last occasion the plaintiff was given leave to issue a writ for possession in respect of the premises and that writ was to lie in the Registry until today. 2It is clear from Ms Reid's appearance this morning that the defendant, who has a cross-claim on, is well aware of the orders made on the last occasion and today's proceedings and the opportunity which they presented to appear to be heard, if there was to be some opposition to what the plaintiff was seeking. 3There is no appearance today and what the plaintiff seeks is leave to proceed to execute the writ of possession, judgment in its favour, an order for payment of an occupation fee, about which notice was given to the defendant's former solicitor, an order for payment of costs, and an order severing the cross-claim, so that the defendant will, if she wishes, be in a position where that can be pursued. 4In all of the circumstances, I am satisfied that the orders which the plaintiff proposes should now be made. The defendant has had a fair opportunity to appear to be heard if she wished and has not taken that opportunity. In those circumstances, there is no sensible reason to further delay the matter proceeding in the ordinary course. 5I make orders 1 to 6 in the terms proposed by the plaintiff and adjourn the matter to the Registrar's list on 19 September at 9.30. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 20 August 2013