Marina Blue Pty Limited v Gear (No 3) [2018] NSWSC 1529

Supreme Court New South Wales

Medium Neutral Citation: Marina Blue Pty Limited v Gear (No 3) [2018] NSWSC 1529 Hearing dates: By way of written submissions Date of orders: 10 October 2018 Decision date: 10 October 2018 Jurisdiction: Common Law Before: Harrison AsJ Decision: The Court orders that

(1) A writ of possession is to issue against the defendant. Such writ is not to issue until 21 November 2018. Catchwords: CIVIL PROCEDURE – Date of issue of writ of possession – No point of principle Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Local Government Act 1993 (NSW), s 124 Sheriff Act 2005 (NSW), s 7A(3) Cases Cited: Marina Blue Pty Limited v Gear (No 2) [2018] NSWSC 1442 Category: Procedural and other rulings Parties: Marina Blue Pty Limited (Plaintiff) Trevor Gear (Defendant) Representation: Counsel: G Rundle (Plaintiff) Self-represented (Defendant)

Solicitors: Jenson Partner (Plaintiff) Self-represented (Defendant) File Number(s): 2017/306734 Publication restriction: Nil

Judgment 1. HER HONOUR: On 26 September 2018, I handed down judgment in Marina Blue Pty Limited v Gear (No 2) [2018] NSWSC 1442. Judgment was entered in favour of the plaintiff for possession of land. The parties were ordered to file and serve written submissions as to when the writ of possession should issue. I have now received those submissions. 2. Section 7A(3) of the Sheriff Act 2005 (NSW) relevantly reads: "7A Powers of Sheriff when executing writs and warrants for possession of land … (3) The Sheriff must give the occupier of the land subject to a writ of possession of land ... not less than 30 days notice to deliver up possession. …" 1. The plaintiff seeks the issue of a writ of possession of the property. From what I understand of its counsel's submissions, the plaintiff seeks that the writ of possession be issued forthwith. The defendant seeks that the writ of possession should not issue before 26 March 2019, being a period of six months from the date judgment was handed down.