Supreme Court New South Wales Medium Neutral Citation: Kennedy v Kennedy (No. 2) [2018] NSWSC 1121 Hearing dates: 20 July 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Common Law Before: Davies J Decision: 1. Any affidavit in support of application for default judgment to be served and emailed to Associate by no later than 3 August 2018. 2. Writ of possession not to be executed prior to 31 August 2018. Catchwords: LAND LAW – possession of land – defendant failed to appear on prior occasion – matter relisted – no defence to claim articulated – previous orders affirmed Cases Cited: Kennedy v Kennedy [2018] NSWSC 1087 Texts Cited: Nil Category: Procedural and other rulings Parties: Robert Ramon Kennedy (First Plaintiff) Peter Ronald Kennedy (Second Plaintiff) Catherine Anne Kennedy (First Defendant) Representation: Counsel: T Yeh (Plaintiffs) In person via telephone conference (Defendant) Solicitors: Kennedy & Cooke Lawyers (Plaintiffs) Self-represented (Defendant) File Number(s): 2017/327451 Publication restriction: Nil Judgment 1. On 13 July 2018 this matter was before me for early judicial directions. Despite attempts to contact the defendant by telephone as she had requested, contact with her was not possible on that day. I gave judgment, striking out her defences and refusing leave to file a further defence: Kennedy v Kennedy [2018] NSWSC 1087. 2. She subsequently emailed my Associate to inform me that she had not been able to establish a connection when the Court telephoned her on that day. In those circumstances I relisted the matter today so that she could appear by telephone in order for me to ascertain if she had any defence in law to the claim that the executors are making. 3. Ms Kennedy has outlined to me the reasons that she is in the property and has remained in the property. Those reasons largely mirror what she had said in each of the defences filed. Nothing that she has said to me demonstrates that she has any defence to the executor's claim known to the law. In those circumstances I affirm the decision I made on 13 July that she should not be given leave to file any further defence to the claim after I struck out her earlier defences. 4. The plaintiff wishes to seek a default judgment for possession of the property. In those circumstances I have directed that any affidavit to achieve that judgment should be forwarded to my Associate by Friday, 3 August 2018. To minimise costs in what is a very small estate I will deal with the matter in chambers without requiring any further appearance of the parties. 5. The plaintiff indicates that a writ of possession will be sought to enforce the judgment of the Court. Leave will be given to issue such a writ when judgment is given but the writ is not to be executed prior to 31 August 2018. ********** DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 24 July 2018