Rigby v Rigby [2016] NSWSC 241

Supreme Court New South Wales

Medium Neutral Citation: Rigby v Rigby [2016] NSWSC 241 Hearing dates: 11 March 2016 Date of orders: 18 March 2016 Decision date: 18 March 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the land in Folio Identifier 2/205542 known as 695 Freemans Drive, Cooranbong in the State of New South Wales.

2. Leave to the Plaintiff to issue a writ of possession.

3. Cross-Claim filed 11 September 2015 is dismissed.

4. The Defendant is to pay the Plaintiff's costs of the proceedings. Catchwords: REAL PROPERTY – possession of land – summary judgment – land formerly the matrimonial home of the plaintiff and defendant – family law settlement – orders of Family Court – plaintiff pays $40,000 to defendant in return for transfer of the property – defendant re-occupies property – defence and cross-claim pleaded as if no orders of Family Court made – subsequent representations on plaintiff's part alleged – no contract giving right to occupy demonstrated – judgment for possession Legislation Cited: Conveyancing Act 1919 (NSW) Family Law Act 1975 (Cth) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Fancourt v Mercantile Credits Ltd (1983) 154 CLR 87 O'Brien v Bank of Western Australia Ltd [2013] NSWCA 71 Oshlack v Richmond River Council [1998] HCA 11; (1998) 193 CLR 72 Spencer v Commonwealth [2010] HCA 28; (2010) 241 CLR 118 Category: Principal judgment Parties: Paul Michael Rigby (Plaintiff) Susan Rigby (Defendant) Representation: Counsel: H Mann (Plaintiff) In person (Defendant)