Issa v Osman [2016] NSWSC 244

Supreme Court New South Wales

Medium Neutral Citation: Issa v Osman [2016] NSWSC 244 Hearing dates: 26 February 2016 Date of orders: 26 February 2016 Decision date: 26 February 2016 Jurisdiction: Common Law Before: Campbell J Decision: (1) I grant leave to the plaintiff to file a summons in court and to have short service of the summons returnable before the duty judge next Tuesday. Catchwords: PROCEDURE – short service of summons – where prompt resolution necessary Category: Procedural and other rulings Parties: Peter Issa and Anor (Plaintiff) Youssel Osman and Anor (Defendant) Representation: Counsel: J O'Connor (Plaintiff)

Solicitors: Barrack Lawyers File Number(s): 2016/00060481

EX TEMPORE JUDGMENT - Revised 1. In this matter the plaintiff seeks leave to file a summons in court and to have short service of the summons returnable before the duty judge next Tuesday. The proposed proceedings arise out of a property dispute in relation to a property at Glenorie, New South Wales which was a subject of a contract for sale by the plaintiff vendors to the first defendant which the plaintiffs assert they were entitled to terminate. It seems to be occupied by the second defendant who has lodged a caveat asserting in very general terms an equitable interest under a constructive trust. 2. The plaintiffs have bought another property and need to resolve the dispute in relation to the Glenorie property as soon as possible. It seems to me that it's appropriate at least on the basis of the material and the affidavit of Heath Hilliard sworn on 21 February 2016 and also of Peter Issa, the first plaintiff, sworn on 24 February 2016 to grant the limited relief by way of short service in bringing the matter back next week that the plaintiffs seek. 3. I make orders in accordance with the short minutes of order handed up by Mr O'Connor signed by me dated today. The orders may be entered forthwith.