Australia and New Zealand Banking Group Ltd v Rafferty [2018] NSWSC 960

Supreme Court New South Wales

Medium Neutral Citation: Australia and New Zealand Banking Group Ltd v Rafferty [2018] NSWSC 960 Hearing dates: 22 June 2018 Date of orders: 22 June 2018 Decision date: 22 June 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Leave to the Plaintiff to move ex parte on its Notice of Motion dated 22 June 2018 seeking writ of restitution.

2. Leave to the Plaintiff to issue a writ of restitution to restore to the plaintiff possession of the land comprised in folio identifier 40/16/1389 being the land situated at and known as 8 Marion Street (also known as 8 Manon Street), Auburn in the State of New South Wales.

4. Execution of writ of restitution not to be before 7 July 2018.

5. Plaintiff's solicitors to notify occupiers by no later than 5pm on 26 June 2018 of orders made today and in particular that a writ of restitution is to be or has been issued. Notification may be made in person or mail.

6. Liberty to Plaintiff, Defendant and Occupiers to apply on 2 days' notice. Catchwords: JUDGMENTS AND ORDERS – order for possession - writs of restitution – where occupiers re-took possession after execution of writ of possession – whether occupiers were strangers to the possession proceedings – whether leave to issue the writ should be given ex parte Legislation Cited: Civil Procedure Act 2005 (NSW). Sheriff Act 2005 (NSW) Cases Cited: Firstmac Fiduciary Services Pty Limited v Gilmour (No 2) [2013] NSWSC 416 Maher v Commonwealth Bank of Australia (No 2) [2004] FCA 1398 Perpetual v Kelso [2008] NSWCA 906 St George Bank v Udowenko and Ors [2010] NSWSC 1289 Texts Cited: Nil Category: Procedural and other rulings Parties: Australia and New Zealand Banking Group Ltd (Plaintiff) Jenny Rafferty (Defendant) Representation: Counsel: R Lewin (Plaintiff) (ex parte)