El-Cortbaoui v Kartabaoui

Case •

[2013] NSWSC 1130

•

15 August 2013

Supreme Court


New South Wales

Medium Neutral Citation: El-Cortbaoui v Kartabaoui [2013] NSWSC 1130
Hearing dates:15 August 2013
Decision date: 15 August 2013
Jurisdiction:Common Law
Before: Schmidt J
Decision:

Orders 1 to 6 made in terms proposed by plaintiff.

Catchwords: PROCEDURE - possession - proceed to execute writ of possession - no reason for further delay - orders sought made
Category:Procedural and other rulings
Parties: Gizelle Joseph El-Cortbaoui
Marcelle Joseph Kartabaoui
Representation: Counsel:
Mr R Graham (Plaintiff)
Mr D Reid, as amicus (Defendant)
Solicitors:
Peter Ruggeri & Associates (Plaintiff)
File Number(s):2013/108753
Publication restriction:None

EX TEMPORE Judgment

  1. HER HONOUR: On the last occasion the plaintiff was given leave to issue a writ for possession in respect of the premises and that writ was to lie in the Registry until today.

  1. It is clear from Ms Reid's appearance this morning that the defendant, who has a cross-claim on, is well aware of the orders made on the last occasion and today's proceedings and the opportunity which they presented to appear to be heard, if there was to be some opposition to what the plaintiff was seeking.

  1. There is no appearance today and what the plaintiff seeks is leave to proceed to execute the writ of possession, judgment in its favour, an order for payment of an occupation fee, about which notice was given to the defendant's former solicitor, an order for payment of costs, and an order severing the cross-claim, so that the defendant will, if she wishes, be in a position where that can be pursued.

  1. In all of the circumstances, I am satisfied that the orders which the plaintiff proposes should now be made. The defendant has had a fair opportunity to appear to be heard if she wished and has not taken that opportunity. In those circumstances, there is no sensible reason to further delay the matter proceeding in the ordinary course.

  1. I make orders 1 to 6 in the terms proposed by the plaintiff and adjourn the matter to the Registrar's list on 19 September at 9.30.

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Decision last updated: 20 August 2013

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