Genbay Pty Limited v Coric [2017] NSWSC 970

Supreme Court New South Wales

Medium Neutral Citation: Genbay Pty Limited v Coric [2017] NSWSC 970 Hearing dates: 16 June 2017 Date of orders: 21 July 2017 Decision date: 21 July 2017 Jurisdiction: Common Law Before: Schmidt J Decision: Orders:

1. Judgment for the plaintiff against the first and second defendants for possession of the property known as and at the Bodalla Arms Hotel, XX-XX XXXXXXX XXXXXXX, Bodalla New South Wales being the land comprised in Certificate of Title Folio Identifier X/XXXXXXX.

2. Judgment for the plaintiff against the first and second defendants in the sum of $356,041.81.

3. The Judgments for possession and debt in paragraphs 1 and 2 of these short minutes of order are stayed up to and including 4 August 2017.

THE COURT NOTES that agreement between the plaintiff and the second defendant that if the plaintiff receives the sum of $320,000 on or before 4 August 2017 in relation to the judgments for possession and debt then plaintiff will accept the sum of $320,000 in full and final satisfaction the judgments for possession and debt in paragraphs 1 and 2 of these short minutes of orders. Catchwords: REAL PROPERTY – possession of land – consent orders as between the plaintiff and second defendant – reasons for making of orders which first plaintiff did not appear to oppose Legislation Cited: Duties Act 1997 (NSW) Real Property Act 1900 (NSW) Cases Cited: Bull v Lee (No 2) [2009] NSWCA 362 Category: Principal judgment Parties: Genbay Pty Ltd ACN 107 160 305 (Plaintiff) Nikola Coric (First Defendant) Michelle Anne Coric (Second Defendant) Representation: Counsel: Mr P Newton (Plaintiff)