NSW Caselaw
Supreme Court New South Wales
Medium Neutral Citation: O'Regan v Hellstrom [2020] NSWSC 16 Hearing dates: 17 December 2019 Date of orders: 17 December 2019 Decision date: 29 January 2020 Jurisdiction: Common Law Before: Lonergan J Decision: (1) An order for the possession of the property situated at and known as 38 Cliff Street, Merimbula, New South Wales, 2548, being the land comprised in folio identifier 12/11/758670.
(2) Leave to issue a writ of possession forthwith.
(3) The respondents are to vacate the property forthwith.
(4) The respondents are to pay the estate of Jeanette Elaine Hellstrom occupation rent in the sum of $270 per week from 29 March 2019 to the date the property is vacated by the residents.
(5) The first and second defendants pay the costs of the plaintiff.
(6) These orders are to be entered forthwith. Catchwords: CIVIL PROCEDURE – possession proceedings –possession of land – failure of persons to vacate property – expression of "wish" in Will not binding –payment of occupation rent Legislation Cited: Probate and Administration Act 1898 (NSW), s 44 Cases Cited: Boardman v Phipps [1966] UKHL2 Farrell v Stephenson [2008] NSWC 1350 Hammat v Chapman (1914) SR (NSW) 416 Public Trustee v Bennett [2004] NSWSC 955 Stead v Mellor (1877) 5 Ch D 225 Category: Procedural and other rulings Parties: Ingrid Maree O'Regan (Plaintiff) Karen Anne Hellstrom (First Defendant) William Sharples (Second Defendant) Liam Sharples (Third Defendant) Representation: Counsel:
We try to embed the page this law was scraped from. If the site blocks framing, you still get the link and a local excerpt.
Last checked with source on —
Checking whether the official page can be embedded…
Plain-English simplify of this law: a short summary, key points, and both sides of the argument. Generated on first view via Replicate, then cached. Vote on what helps your study.
No study brief is cached for this law yet. Sign up to generate a plain-English brief.
Sign up to generate