Defined Properties Investment Pty Ltd ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 152

Supreme Court New South Wales

Medium Neutral Citation: Defined Properties Investment Pty Ltd ATF The Defined Property Trust No 1 v National Commercial Finance Pty Ltd [2018] NSWSC 152 Hearing dates: 16 January 2018 Date of orders: 16 January 2018 Decision date: 16 January 2018 Jurisdiction: Common Law Before: Lonergan J Decision: (1) Judgment for possession of the whole of the land comprised and described in Certificate of Title Folio Identifier [redacted], being the land situated and known as [redacted] (the Land).

(2) Order that the first plaintiff and the second plaintiff give vacant possession of the Land within 7 days of the date of these orders.

(3) The defendant be granted leave pursuant to rule 29.1 Uniform Civil Procedure Rules 2005 (NSW) to issue the first plaintiff with a Writ of Possession in the form attached to these orders and marked "A", forthwith.

(4) The first plaintiff and the second plaintiff pay the defendant's costs of these proceedings as agreed or assessed.

(5) The proceedings otherwise be dismissed.

(6) The defendant has leave to enter the orders forthwith. Catchwords: POSSESSION – Writ of possession – Deed of Forbearance – Consent Orders Category: Procedural and other rulings Parties: Defined Properties Investment Pty Ltd ATF The Defined Property Trust No 1 (First Plaintiff) George Dimitriou (Second Plaintiff) National Commercial Finance Pty Ltd (Defendant) Representation: Counsel: Second Plaintiff (self-represented) D Anderson (Defendant)