Holmes v Evans [2018] NSWSC 260

Supreme Court New South Wales

Medium Neutral Citation: Holmes v Evans [2018] NSWSC 260 Hearing dates: 02 March 2018 Date of orders: 02 March 2018 Decision date: 02 March 2018 Jurisdiction: Common Law Before: Rothman J Decision: (1) Judgment for the plaintiff for possession of land comprised in DP 5/509395 being the land situated at and known as 44 Arthur Street, Wellington NSW 2820.

(2) Leave to the plaintiff to issue a writ of possession in respect of land comprised in DP 5/509395 being the land situated at and known as 4 Arthur Street, Wellington NSW 2820 forthwith.

(3) The issue of a writ of possession of the land comprised in DP 5/509395 being the land situated at and known as 44 Arthur Street, Wellington NSW 2820.

(4) Judgment for the plaintiff for $13,350.

(5) The defendant to pay the plaintiff's costs of the proceedings. Catchwords: POSSESSION – plaintiff proves ownership and entitlement to possession – plaintiff and defendant originally married – no order of the Court disturbing plaintiff's ownership – no resulting trust or factual circumstance that might arguably give rise to a resulting trust – possession ordered – leave to execute writ of possession granted – mesne profits ordered from date on which vacant possession was due to be given, in accordance with the demand made Legislation Cited: Uniform Civil Procedure Rules 2005, r 13.1 Cases Cited: Baumgartner v Baumgartner (1987) 164 CLR 137; [1987] HCA 59 Hammon v O'Brien (1995) BPR 97,331 Bloch v Bloch (1981) 180 CLR 390 Category: Principal judgment Parties: Natalie Holmes (Plaintiff) John Evans (Defendant) Representation: Counsel: H Mann (Plaintiff) Submitting appearance (Defendant)