Patricia Norman by her tutor Peter Joseph Norman v Norman [2019] NSWSC 551

Supreme Court New South Wales

Medium Neutral Citation: Patricia Norman by her tutor Peter Joseph Norman v Norman [2019] NSWSC 551 Hearing dates: 14 May 2019 Date of orders: 14 May 2019 Decision date: 14 May 2019 Jurisdiction: Common Law Before: Bellew J Decision: (1) The defendant is to give the plaintiff possession of the land comprised in the certificate of title folio identifier 42/36192, being the land situated at and known as 32 Oceana Street, Narraweena, in the State of New South Wales.

(2) The plaintiff is granted leave to issue a writ of possession forthwith.

(3) The defendant is to pay the plaintiff's costs of the proceedings as agreed or assessed.

(4) I transfer the proceedings brought by the defendant against the executor of the estate of the late David William Norman, being proceedings 2019/00094287, to the Family Provision List of Hallen J in the Equity Division of this Court.

(5) The notice of motion filed by the defendant in the proceedings in (4) above is to be returnable before Hallen J on 31 May 2019. Catchwords: POSSESSION PROCEEDINGS – Where defendant filed appearance submitting to the orders of the Court – Order for possession granted

STAY OF PROCEEDINGS – Where defendant did not oppose order for possession – Where defendant then sought a stay of such order for a period of six to eight weeks – Evidence that the defendant had been on notice of the possession proceedings for almost 5 months – Where the defendant had repeatedly refused to vacate the property when requested to do so – Submission made that it is "usual" to make an order for a stay – Necessity to take into account all relevant circumstances in the exercise of the discretion to grant a stay – Application for a stay refused Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: G E Personal Finance Pty Ltd v Smith [2006] NSWSC 889 Satchithanantham v National Australia Bank Limited [2009] NSWCA 268 Category: Principal judgment Parties: Patricia Norman by her tutor Peter Joseph Norman – Plaintiff Rhys Norman - Defendant Representation: Counsel: J Emmett – Plaintiff N Condylis - Defendant