M & M

The parties to this proceeding were M & M, the applicants, and the respondent, whose identity is not specified. The dispute concerned an application for an order for possession of a property. The matter came before Carmody J of the Supreme Court of Western Australia.

The primary legal issue before the Court was whether the applicants were entitled to an order for possession of the property. This involved determining the legal status of the respondent's occupation of the property and whether that occupation was lawful or constituted a trespass.

Carmody J considered the nature of the respondent's presence on the property. The Court found that the respondent had no legal right to occupy the premises, nor had they been granted any licence or permission to do so. Consequently, the Court concluded that the respondent was in unlawful possession of the property and was therefore a trespasser. The Court applied the legal principle that a person in unlawful possession of land is liable to be removed by the owner or lawful possessor.

The Court ordered that the applicants be granted possession of the property.