Wilkes v Bykowski [2016] NSWSC 1685

Supreme Court New South Wales

Medium Neutral Citation: Wilkes v Bykowski [2016] NSWSC 1685 Hearing dates: 24 November 2016 Date of orders: 01 December 2016 Decision date: 01 December 2016 Jurisdiction: Common Law Before: Davies J Decision: Judgment for the Plaintiff for the possession of the whole of the land in folio identifier 1/587234 situated at Lane Cove and known as 50A Bridge Street, Lane Cove in the State of New South Wales. Catchwords: REAL PROPERTY – possession of land – plaintiff is registered proprietor of land – defendant in occupation of land – past de facto relationship between the parties – plaintiff seeks summary judgment for possession – defendant subsequently commences proceedings in Family Court – conciliation conference in Family Court – whether parties agreed to stay Supreme Court proceedings – whether Family Court registrar made order for stay – whether registrar had power to make order - subsequent conduct of defendant inconsistent with agreement for stay – whether claim of de facto relationship was a defence to claim for possession – both parties desirous of sale of property – summary judgment for possession Legislation Cited: Family Law Act 1975 (Cth) Cases Cited: County Securities Pty Limited v Challenger Group Holdings Pty Limited & Anor [2008] NSWCA 193 General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 Harris v Caladine (1991) 172 CLR 84 Harvey v Phillips (1956) 95 CLR 235 Holder v Zeiher [2014] NSWSC 556 Paino v Hofbauer (1988) 13 NSWLR 193 Siebe Gorman & Co Ltd v Pneupac Ltd [1982] 1 WLR 185; [1982] 1 All ER 377 Category: Principal judgment Parties: Leonie Margaret Wilkes (Plaintiff) Joseph Bykowski (Defendant) Representation: Counsel: P Afshar (Plaintiff) B Levet (Defendant)