Pluteus (No 81) Pty Ltd v O’Neil [2019] NSWSC 923

Supreme Court New South Wales

Medium Neutral Citation: Pluteus (No 81) Pty Ltd v O'Neil [2019] NSWSC 923 Decision date: 18 July 2019 Jurisdiction: Common Law Before: Button J Decision: (1) A declaration that the Defendants have no present right to enter, occupy, or remain upon the land situate and known as 89 Bruce Road in Orange in the State of New South Wales, being land comprised in the folio identifiers: (a) 12/718922 being Lot 12 DP 718927; (b) 5/702416 being Lot 5 DP 702416; (c) 6/702416 being Lot 5 DP 702416; (d) 7/702416 being Lot 5 DP 702416; and (e) 218/47258 and 219/47248 Auto Consol 15294-112 being Lots 218 and 219 DP 47258. ("the Property");

(2) An order that the Defendants and any other person in occupation of or present on the Property give vacant possession to the Plaintiff within 10 days;

(3) Leave be granted to the Plaintiff to issue a writ for possession in relation to the Property;

(4) Issue of a writ for possession of the land at the Property;

(5) Such writ is not to be executed before 50 days from today, that date being Friday, 6 September 2019;

(6) The defendants Tanya O'Neil, Josephine O'Neil, Tobias O'Neil and Don Charles Hack Jnr must pay the costs of the plaintiff of the proceedings before me on the ordinary basis, but only with regard to costs incurred by the plaintiff on and after 27 March 2019. Catchwords: RESIDENTIAL TENANCIES – claim for possession – whether residents in possession pursuant to lease or licence – where notice of termination purportedly given – where residents in occupation of property for several months after notice of termination purportedly given – writ of possession granted Category: Principal judgment Parties: Pluteus (No 81) Pty Ltd (Plaintiff) Tanya O'Neil (First Defendant) Josephine O'Neil (Second Defendant) Tobias O'Neil (Third Defendant) Don Charles Hack Jnr (Fourth Defendant) Rose Masters (Fifth Defendant) Don Vince Hack Jnr (Sixth Defendant) Representation: Counsel: A Munro (Plaintiff)