Prineas v Prineas [2015] NSWSC 1845

Supreme Court New South Wales

Medium Neutral Citation: Prineas v Prineas [2015] NSWSC 1845 Hearing dates: 3 December 2015 Decision date: 03 December 2015 Jurisdiction: Common Law Before: Adamson J Decision: 1. An order for sole possession of the property known as 10 Fowler Street, South Coogee, being the whole of the land in folio identifier 27/111912 ("the Property").

2. Leave to issue a writ of possession forthwith.

3. Order that the defendant be restrained from entering the property.

4. Costs of the plaintiff to be paid by the defendant. Catchwords: PRACTICE AND PROCEDURE – default judgment – defendant failed to file defence within time prescribed and further time permitted by Court – failure to appear - default judgment against the defendant ordered Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW), rr 14.3, 16.2, 16.3 Category: Principal judgment Parties: Affrodite Venna Prineas by her tutor Stephen Nicholas Prineas (Plaintiff) James Nicholas Prineas (Defendant) Representation: Counsel: AM Hawkins (Plaintiff)

Solicitors: Robert Tinsey (Plaintiff) File Number(s): 2015/262005

Judgment (EX TEMPORE – REVISED)

Introduction 1. Affrodite Prineus (the plaintiff) applies for default judgment for sole possession of a residential property at South Coogee of which she is the sole registered proprietor (the Property). One of her sons, Stephen Prineas, acts as her tutor in these proceedings. 2. Ms Hawkins, who appears on behalf of the plaintiff, relies on the affidavit of Stephen Prineas sworn 3 September 2015 and the affidavit of service of Martin Folkes sworn 11 September 2015.