Myra May Worth by her tutor NSW Trustee and Guardian v Rodney Worth (No. 2)

[2019] NSWSC 244

Supreme Court

New South Wales

Medium Neutral Citation:	Myra May Worth by her tutor NSW Trustee and Guardian v Rodney Worth (No. 2) [2019] NSWSC 244
Hearing dates:	8 March 2019
Date of orders:	08 March 2019
Decision date:	08 March 2019
Jurisdiction:	Common Law
Before:	Davies J
Decision:	1. Judgment for the plaintiff for possession of the land comprised in Folio Identifier 34/22358 and being the land situated at and known as 18 Lake Heights Road, Lake Heights, New South Wales.  2. Leave to the plaintiff to issue writ of possession to enforce judgment of the Court such writ not to be executed before 3 May 2019.
Catchwords:	LAND LAW – possession of land – implied licence agreement for defendant to occupy land – licence withdrawn – defence struck out and no further defence filed – plaintiff entitled to possession
Cases Cited:	Myra May Worth by her tutor NSW Trustee and Guardian v Rodney Worth [2019] NSWSC 122
Category:	Procedural and other rulings
Parties:	Myra May Worth by her tutor NSW Trustee and Guardian (Plaintiff) Rodney Worth (Defendant)
Representation:	Counsel: B Jones (Plaintiff) In person (Defendant)   Solicitors: Lamrocks (Plaintiff) Self-represented (Defendant)
File Number(s):	2018/228426

Judgment

1. I gave judgment on 19 February 2019 striking out a defence filed by the defendant in these proceedings on the bases that it did not disclose any defence to the plaintiff's claim known to the law: Myra May Worth by her tutor NSW Trustee and Guardian v Rodney Worth [2019] NSWSC 122. On that occasion the defendant appeared in person. He indicated to me that he had filled out an application for Legal Aid. He said he had previously decided to act for himself but he realised the matter was more complicated and that was why he wished to get legal advice. In those circumstances I adjourned the proceedings to today to give him the opportunity to obtain legal advice. I also gave him leave to file any further defence that he wished to do so.

2. The defendant has belatedly appeared today. He informed me that he has not, in the time from the last directions hearing, managed to obtain legal advice. He said that there was some problem with seeing a solicitor at Legal Aid in Wollongong.

3. The plaintiff seeks judgment for possession. The defendant has been on notice since March 2018 that the plaintiff desired possession of the land. The plaintiff is entitled in law to the possession of the land in the circumstances.

4. I am satisfied from the report of Risk and Security Management to the plaintiff's solicitors dated 6 November 2018 that the Notice to Occupier has been served in accordance with the court's order for substituted service.

5. There being no defence on at the present time the plaintiff is entitled to default judgment. Accordingly, there will be judgment for the plaintiff for possession of the land comprised in folio identifier 34/22358 being the land situated at and known as 18 Lake Heights Road, Lake Heights.

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Decision last updated: 11 March 2019