Munoz v Galnyamba.Friday Creek P/L [2015] NSWSC 886

Supreme Court New South Wales

Medium Neutral Citation: Munoz v Galnyamba.Friday Creek P/L [2015] NSWSC 886 Hearing dates: 3 July 2015 Decision date: 03 July 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. Declare that the land contract dated 29 January 2013 in respect of the land comprised in folio identifier 45/775171 and situated at 267 Friday Creek Road, Upper Orara, New South Wales (the Property) and the four subsequent variations were terminated on 2 July 2015.

2. Give judgment for the plaintiff for immediate possession of the Property.

3. Grant leave to the plaintiff to issue a writ of possession of the Property immediately.

4. List the matter for directions before the Registrar on 7 August 2015.

5. Order the defendant to pay the plaintiff's costs of today. Catchwords: PROPERTY – motion seeking immediate possession of property – evidence established that defendant failed to complete contract at designated time and place – plaintiff entitled to terminate contract – plaintiff entitled to possession of property Category: Principal judgment Parties: Guillermo Rafael Munoz (Plaintiff) Galnyamba.Friday Creek Pty Limited (Defendant) Representation: Counsel: C Cassimatis (Plaintiff) M Newton (Defendant)

Solicitors: Jason McClung (Plaintiff) Bilbie Dan (Defendant) File Number(s): 2014/336689

Judgment: EX TEMPORE

Introduction 1. This matter came before me as duty judge this morning. It was expected that short minutes of order would be made by consent on the basis that the transfer of certain property at Upper Orara (the Property) would be completed yesterday afternoon at 3:00pm. As it happened, completion did not occur. Accordingly, the plaintiff moved on the notice of motion it had filed on 10 April 2015 for an order for possession of the Property and leave to issue a writ of possession.