Palmer v Penson (No 2) [2018] NSWSC 987

Supreme Court New South Wales

Medium Neutral Citation: Palmer v Penson (No 2) [2018] NSWSC 987 Hearing dates: 26 June 2018 Date of orders: 27 June 2018 Decision date: 27 June 2018 Jurisdiction: Common Law Before: Fullerton J Decision: (1) Judgment for the plaintiff for possession of the land comprised in folio XXX being the land situated at and known as XXX Gillespie Avenue, Alexandria in the state of New South Wales. (2) Leave to the plaintiff to issue a writ of possession; such writ not to be executed before 25 July 2018. (3) The defendant is to pay the plaintiff's costs. Catchwords: REAL PROPERTY – possession of land – plaintiff appointed receiver and manager of subject property – defendant subsequently made bankrupt – defendant remains in possession of subject property – action by plaintiff as receiver and manager for possession and leave to issue writ of possession – no standing by defendant to oppose orders – no defence to receiver's claim.

PRACTICE AND PROCEDURE – reckoning of time – calculation of time period.

PRACTICE AND PROCEDURE – stay – whether stay affects the day on which orders take effect for the purposes of r 36.4 of the UCPR. Legislation Cited: Bankruptcy Act 1966 (Cth) Corporations Act 2001 (Cth) Government Information (Public Access) Act 2009 (NSW) Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Bendigo Bank Ltd v Demaria [2001] VSC 218 In the matter of Aquaqueen International Pty Limited [2016] NSWSC 508 National Australia Bank Limited v Strik [2009] NSWSC 184 Category: Principal judgment Parties: Christopher John Palmer (Plaintiff) Shirley Penson (Defendant) Representation: Solicitors: Pure Legal (Plaintiff) Beazley Boorman Lawyers (with leave) (Defendant) File Number(s): 2018/75714