Archer Wealth Pty Limited v Makari

Archer Wealth Pty Limited, the plaintiff, brought an application for possession of property against Makari, the defendant. The dispute arose out of a leasing agreement where the plaintiff sought to recover possession of a property from the defendant. The case was heard by the Supreme Court of Victoria.

The legal issues before the court were whether the defendant should be granted leave to file an amended defence and whether the plaintiff's application for possession should be granted. The court needed to consider the procedural rules governing the amendment of pleadings and the circumstances under which an order for possession may be made.

The court found that the defendant had withdrawn its request for leave to amend its defence and did not oppose the plaintiff's orders for possession. Given these circumstances, the court proceeded to grant the plaintiff's application for possession of the property. The court noted that the defendant had ample opportunity to amend its defence but chose not to do so. The court also observed that the defendant had not raised any substantive defence to the plaintiff's application, thus making the plaintiff's claim unopposed.

The final orders of the court were that the plaintiff's application for possession be granted and that the defendant vacate the property within a specified period. Additionally, the court ordered the defendant to pay the plaintiff's costs associated with the application.