NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: Bernhardt v Bernhardt [2019] NSWSC 1632 Hearing dates: 21 November 2019 Date of orders: 21 November 2019 Decision date: 21 November 2019 Jurisdiction: Common Law Before: Adamson J Decision: (1) Judgment for the plaintiff for possession of the land described in Folio Identifier Lot 1 Strata Plan 53223, being the land situated at and known as xxx xxxxx xxxxx, Forster in the State of New South Wales.
(2) Grant leave to issue a writ of possession forthwith.
(3) Order the defendant to pay the plaintiff's costs of the proceedings. Catchwords: LAND LAW – Torrens title – Indefeasibility of title – registered proprietor entitled to possession
LAND LAW – Conveyancing – Requirements of writing – Creation or disposition of interest in land – defendant a bare licensee Legislation Cited: Civil Procedure Act 2005 (NSW), s 56 Conveyancing Act 1919 (NSW), ss 23C, 23D Real Property Act 1900 (NSW), s 42 Uniform Civil Procedure Rules 2005 (NSW), rr 29.7, 42 Cases Cited: Cowell v Rosehill Racecourse Company Limited (1937) 56 CLR 605; [1937] HCA 17 Waltons Stores (Interstate) Ltd v Maher (1988) 164 CLR 387; [1988] HCA 7 Category: Principal judgment Parties: Barbara Ann Bernhardt (Plaintiff) Kim Bernhardt (Defendant) Representation: Counsel: H Woods (Plaintiff)
Solicitors: Pryor Tzannes & Wallis File Number(s): 2019/147373 Publication restriction: Nil
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