Holder v Zeiher [2014] NSWSC 556

Supreme Court New South Wales

Medium Neutral Citation: Holder v Zeiher [2014] NSWSC 556 Hearing dates: 7 and 14 May 2014 Decision date: 14 May 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. The Defence filed 19 November 2013 is struck out. 2. Judgment for the Plaintiff for possession of the land comprised in certificate of title folio identifier 20/805325 known as 18 Namatjira Avenue, Londonderry, New South Wales. 3. Leave to the Plaintiff to issue a writ to enforce the judgment of the Court, such writ not to be executed before Friday 25 July 2014. 4. Unless the Defendant appears before me on 18 July 2014 at 2.00pm to seek a stay based on the state of matters in the Family Court and/or the stage any negotiations have reached for the sale of the property the writ will be executed on 25 July 2014. 5. Liberty to apply on 2 days' notice. Catchwords: REAL PROPERTY - possession of land - plaintiff is registered proprietor - defendant asserts de facto relationship with plaintiff as a defence - no proceedings taken asserting de facto relationship in Family Court or Federal Circuit Court until proceedings for possession commenced - no application for extension of time when relationship as asserted by defendant terminated more than two years earlier - defendant swore in earlier proceedings that there was no genuine relationship - defence struck out Legislation Cited: Family Court Rules Property (Relationships) Act 1984 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Principal judgment Parties: Mark Christopher Holder (Plaintiff) Felicity Zeiher (Defendant) Representation: Counsel: D Perrignon (Plaintiff) In person (Defendant) Solicitors: Mills Oakley Lawyers (Plaintiff) In person (Defendant) File Number(s): 2013/312016