Westpac Banking Corporation v Thomson by her tutor the NSW Trustee and Guardian [2015] NSWSC 1256

Supreme Court New South Wales

Medium Neutral Citation: Westpac Banking Corporation v Thomson by her tutor the NSW Trustee and Guardian [2015] NSWSC 1256 Hearing dates: 26 August 2015 Date of orders: 26 August 2015 Decision date: 26 August 2015 Jurisdiction: Common Law Before: McCallum J Decision: Judgment for the plaintiff for possession of the land comprised in certificate of title identifier 101/29367 being the land situated at and known as 11 Wattle Avenue, North St Marys NSW 2760; order made pursuant to r 7.10(2)(a) of the UCPR that the proceedings continue in the absence of a representative of the Estate of the Late Gertrude Marina Thomson; execution of any writ of possession issued by the Court not to be scheduled sooner than six weeks from today. Catchwords: POSSESSION – where registered proprietor died after commencement of proceedings – son seeking to represent her Estate in the proceedings and to prosecute cross-claim – whether appropriate. Legislation Cited: Probate and Administration Act 1898 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Westpac Banking Corporation (plaintiff/cross-defendant) Gertrude Marina Thomson by her Tutor the NSW Trustee & Guardian (defendant/cross-claimant) Ian Thomson (applicant) Representation: Counsel: L Gor (plaintiff)

Solicitors: Kemp Strang (plaintiff/cross-defendant) Defendant/cross claimant unrepresented Applicant in person File Number(s): 2012/75933 Publication restriction: None