NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Wilkes v Bykowski (No. 2) [2016] NSWSC 1828 Hearing dates: 15 December 2016 Date of orders: 15 December 2016 Decision date: 15 December 2016 Jurisdiction: Common Law Before: Davies J Decision: 1. The Plaintiff is granted leave to issue a Writ of Possession in respect 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, such writ not to be executed before 27 January 2017.
2. The Defendant is to pay the Plaintiff's costs of the proceedings on the ordinary basis.
3. Liberty to apply on 2 days' notice. Catchwords: REAL PROPERTY – possession of land – writ to enforce judgment
PROCEDURE – costs – offer in the form of Calderbank offer – whether offer contained any element of compromise – not unreasonable for offer not to have been accepted Cases Cited: Calderbank v Calderbank [1975] Fam 93; [1975] 3 All ER 333 Leichhardt Municipal Council v Green [2004] NSWCA 341 Miwa Pty Ltd v Siantan Properties Pte Ltd (No 2) [2011] NSWCA 344 Regency Media Pty Ltd v AAV Australia Pty Ltd [2009] NSWCA 368 Wilkes v Bykowski [2016] NSWSC 1685 Category: Procedural and other rulings Parties: Leonie Margaret Wilkes (Plaintiff) Joseph Bykowski (Defendant) Representation: Counsel: P Afshar (Plaintiff) B Levet (Defendant)
Solicitors: Blackman Legal (Plaintiff) Kinghan & Associates (Defendant) File Number(s): 2015/194393
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