Stamp v Whall [2018] NSWSC 1811

Supreme Court New South Wales

Medium Neutral Citation: Stamp v Whall [2018] NSWSC 1811 Hearing dates: 23 November 2018 Date of orders: 23 November 2018 Decision date: 23 November 2018 Jurisdiction: Equity - Duty List Before: Lindsay J Decision: (1) Upon determination of a separate question, pursuant to the Uniform Civil Procedure Rules 2005 NSW, rule 28.2, DECLARE that the defendant has no right, title or interest in premises located in Ady Street, Hunters Hill, in the state of New South Wales, other than a right of tenancy subsisting pursuant to a residential lease dated 20 June 1988.

(2) ORDER that the defendant, no later than 26 November 2018, withdraw caveat number AN855390.

(3) NOTE that, without admissions of any kind, the plaintiff (by her counsel) gives to the Court an undertaking that she will not, by herself, her servants or agents, re-enter into possession of the premises at Hunters Hill without first obtaining from the NSW Civil and Administrative Tribunal an order (under the Residential Tenancies Act 2010 NSW) authorising her to do so or the leave of the Court.

(4) NOTE that the plaintiff's undertaking is not intended to preclude the plaintiff from serving any notice, or taking any step, ancillary to the conduct of proceedings in the NSW Civil and Administrative Tribunal for the purpose of recovery of possession of the premises the subject of the undertaking. Catchwords: LANDLORD AND TENANT – Residential lease – Tenant claimed life estate in lieu of tenancy – Claim not established Legislation Cited: Property (Relationships) Act 1984 NSW Residential Tenancies Act 2010 NSW Uniform Civil Procedure Rules 2005 NSW Cases Cited: - Texts Cited: - Category: Principal judgment Parties: Plaintiff: Audrey Edith Stamp Defendant: Arthur Whall Representation: Counsel: Plaintiff: M Fernandes Defendant: N Condylis