NSW Trustee and Guardian v Lagana

The case involved a dispute between the NSW Trustee and Guardian, who sought vacant possession of a property, and the defendants, who claimed a right to occupy the property. The dispute was heard in the Supreme Court of New South Wales. The court had to determine whether a Deed of Family Arrangement executed in 1993 granted any rights to the defendants to occupy the property. The Deed provided that the defendant’s mother had the right of occupancy for her life. The issue before the court was whether this Deed created an interest in the property for the defendants.

The court found that the Deed did not create an interest in favour of anyone other than the defendant’s mother. It held that the interest in the property ceased upon her death, and the defendants had no legal or equitable interest in the property. Consequently, the court ruled that the Trustee was entitled to the vacant possession of the property. The defendants’ cross-claim was dismissed, and the execution of the judgment was stayed to allow the defendants to find alternative accommodation.