Macasieb v Macasieb [2018] NSWSC 23

Supreme Court New South Wales

Medium Neutral Citation: Macasieb v Macasieb [2018] NSWSC 23 Hearing dates: 30 January 2018 Date of orders: 30 January 2018 Decision date: 30 January 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Judgment for the Plaintiff for possession of the land comprised in Folio 1/SP32823 being the land situated at and known as 1/247 Parramatta Road, Annandale NSW 2038.

2. Judgment for the Defendant for possession of the land comprised in Folio 3/2104 being the land situated at and known as 256 Young Street, Annandale NSW

3. Leave to each of the Plaintiff and Defendant to issue a writ of possession forthwith to enforce the judgment each party has obtained but neither writ is to be executed before 13 March 2018.

4. No order as to costs of the proceedings to the intent that each party is to pay his or her own costs. Catchwords: REAL PROPERTY – possession of land – Family Court orders - husband and wife each ordered to give possession of land that the other party was occupying – failure to comply with Family Court orders – orders for possession sought in Supreme Court – no defence by either party to orders sought – whether lengthy stay should be given to execution of writs of possession – hardship – failure of parties to apply to Family Court under "liberty to apply" provision in the orders – length of time since Family Court orders - orders for possession made with leave to issue writs of possession Legislation Cited: Civil Procedure Act 2005 (NSW) Category: Principal judgment Parties: Geronico Macasieb (Plaintiff) Letty Macasieb (Defendant) Representation: Counsel: E P Anderson (Plaintiff) In person (Defendant)