NSW Trustee and Guardian v Lagana [2015] NSWSC 779

Supreme Court New South Wales

Medium Neutral Citation: NSW Trustee and Guardian v Lagana [2015] NSWSC 779 Hearing dates: 7 October 2014, 8 October 2014 Date of orders: 19 June 2015 Decision date: 19 June 2015 Jurisdiction: Common Law Before: Garling J Decision: (1)Judgment for the NSW Trustee and Guardian for possession of the whole of the land contained in Folio Identifier 3/252425 being Lot 3 in Deposited Plan 252425 and known as 98 Humphries Road, St Johns Park, New South Wales 2176. (2)Pursuant to r 39.1(1)(d) of the Uniform Civil Procedure Rules 2005, grant leave for the issue of a Writ of Possession of the land referred to in Order 1. (3)Order that the plaintiff is not to execute the Writ of Possession before 21 September 2015. (4)Order that the Amended Cross-Claim filed on 4 August 2014, be dismissed. (5)Order the defendants to pay the costs of the whole proceedings of the NSW Trustee and Guardian. Catchwords: POSSESSION – Trustee claims entitlement to vacant possession of property –defendants claim possession and right to occupy – agreed that Deed of Family Arrangement in 1993 allowed defendant's mother right of occupancy for her life – whether Deed created interest in property for defendants – held that Deed did not create interest in favour of anyone other than defendant's mother – interest ceased on her death – defendants have no legal or equitable interest in property – Trustee entitled to possession of property – cross-claim – cross-claim dismissed – execution of judgment stayed to allow defendants to find alternative accommodation Legislation Cited: Criminal Assets Recovery Act 1990 Uniform Civil Procedure Rules 2005 Cases Cited: Not Applicable Texts Cited: Not Applicable Category: Principal judgment Parties: NSW Trustee and Guardian (P) Maria Lagana (D1) Gerry Lagana (D2) Representation: Counsel: I Temby QC / J Hutton (P) P M Lane (D1, D2)