Bruce v Greentree [2015] NSWSC 1611

Supreme Court New South Wales

Medium Neutral Citation: Bruce v Greentree [2015] NSWSC 1611 Hearing dates: 17, 18 and 19 August 2015 Date of orders: 04 November 2015 Decision date: 04 November 2015 Jurisdiction: Equity Before: Hallen J Decision: (i) Orders, pursuant to Uniform Civil Procedure Rules 2005 (NSW), rule 7.10(2)(b), that the Defendant, Irene Greentree, be appointed to represent the deceased's estate and notional estate for the purposes of these proceedings.

(ii) Orders that any order entered, or made, in the proceedings binds the deceased person's estate and notional estate to the same extent as the estate and notional estate would have been bound had a personal representative of the deceased person to whom administration had been granted been a party to the proceedings.

(iii) Orders that the application to amend the Statement of Claim be dismissed.

(iv) Orders that the whole of the Plaintiffs' Statement of Claim be dismissed.

(v) Orders that the caveat lodged by the first Plaintiff on title to the land situated at and known as Folio Identifier 23/xxx, and Folio Identifier 30/xxx at Yarrowitch, in the state of New South Wales, be withdrawn within 14 days of the date of this order.

(vi) Orders that the Plaintiffs deliver up vacant possession of the whole of the land situated at and known as Folio Identifier 23/xxx, and the whole of the land in Folio Identifier 30/xxx at Yarrowitch, in the state of New South Wales, within 28 days of the date of this order or within such other time as the Defendant agrees in writing.

(vii) Orders that, in the event that the Plaintiffs fail, or either of them fails, to deliver up vacant possession of the land identified in Order (vi) above, in accordance with order (vi), a writ of possession be issued forthwith in favour of the Defendant.