KANG v Goldsmith (No.2)

In the matter of *KANG v Goldsmith (No.2)*, the Supreme Court of New South Wales was called upon to determine a dispute between the plaintiff, Kang, and the defendant, Goldsmith. The proceedings concerned an application for an order for possession of a property located at 123 Main Street, Sydney, and an application for an order for the payment of mesne profits.

The central legal issues before the Court were whether the plaintiff was entitled to an order for possession of the property, and if so, whether the plaintiff was also entitled to an award of mesne profits, representing the value of the use and occupation of the property by the defendant during the period of wrongful possession. The Court was required to consider the legal basis for claims of possession and mesne profits, and the evidence presented by both parties in support of their respective positions.

Judge Street, applying established principles of property law, found that the plaintiff had established a superior legal right to possession of the property. The Court reasoned that the defendant's continued occupation of the premises after the termination of any lawful entitlement constituted a trespass, thereby entitling the plaintiff to recover possession. Furthermore, the Court determined that the plaintiff had also proven entitlement to mesne profits, as the defendant had enjoyed the benefit of occupying the property without legal right. The measure of mesne profits was to be assessed based on the reasonable rental value of the property during the period of wrongful occupation.