Contempree v Contempree [2014] NSWSC 945

Supreme Court New South Wales

Medium Neutral Citation: Contempree v Contempree [2014] NSWSC 945 Hearing dates: 16 July 2014 Decision date: 16 July 2014 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the land contained in the certificate of title, folio identifier 23/833377 being the land situated at 15 Driftwood Court, Coffs Harbour. 2. Leave to issue a writ of possession forthwith. 3. The writ of possession is not to be executed prior to 28 August 2014. 4. The First Defendant is to pay the Plaintiff's costs of the proceedings. Catchwords: REAL PROPERTY - possession of land - plaintiff under the management of the NSW Trustee and Guardian - son in occupation of Plaintiff's house - Trustee takes decision to sell in order to meet nursing home expenses of Plaintiff - decision affirmed by Administrative Decisions Tribunal - son joined as a party to proceedings in ADT on his application - no defence to claim for possession Category: Principal judgment Parties: Sandra Dawn Contempree by her tutor the New South Wales Trustee & Guardian (Plaintiff) Paul Contempree (First Defendant) Melissa Stanford (Second Defendant) Representation: Counsel: G Patterson (Plaintiff) In person (First Defendant) No appearance (Second Defendant) Solicitors: Shaw McDonald Lawyers (Plaintiff) Self represented (First Defendant) No appearance (Second Defendant) File Number(s): 2013/172673