Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56

Supreme Court New South Wales

Medium Neutral Citation: Armidale Regional Council v Vorhauer (No 2) [2020] NSWSC 56 Hearing dates: 11 February 2020 Date of orders: 11 February 2020 Decision date: 11 February 2020 Jurisdiction: Common Law Before: Davies J Decision: (1) Judgment for the plaintiff for possession of the land situated at 36 Uralla Road, Armidale, New South Wales being Lot 16 in DP 242531.

(2) Leave to issue a writ of possession forthwith.

(3) The defendants are to pay the plaintiff's costs of the proceedings.

(4) I declare that the amount of the plaintiff's costs form part of the expenses of the plaintiff incurred in connection with the sale of the land.

(5) The parties have liberty to apply on 2 days' notice. Catchwords: LAND LAW – possession of land – unpaid rates and charges – local council's right of sale – contract of sale with vacant possession – failure of occupiers to vacate land in response to statutory notice – proceedings commenced by Council – defences previously struck out – no appearance by defendants – right of council to possession – where sale price exceeded outstanding rates and charges – whether legal costs of the proceedings amounted to expenses in connection with the sale – s 718 Local Government Act 1993 (NSW) Legislation Cited: Local Government Act 1993 (NSW) ss 713, 715, 716, 718, 720 Sheriff Act 2005 (NSW) s 7A Uniform Civil Procedure Rules 2005 (NSW) r 16.2 Cases Cited: Armidale Regional Council v Vorhauer [2019] NSWSC 1153 Hardern Shire Council v Richardson [2012] NSWSC 622 Texts Cited: Nil Category: Principal judgment Parties: Armidale Regional Council (Plaintiff) Florence Amelia Vorhauer (First Defendant) Racheal Sophia Vorhauer (Third Defendant) Representation: Counsel: C Ireland & J Wyner (Plaintiff) No appearances (First and Third Defendants)