Perpetual Corporate Trust Limited v Kosseris
[2018] NSWSC 871
•08 June 2018
Supreme Court
New South Wales
Medium Neutral Citation: Perpetual Corporate Trust Limited v Kosseris [2018] NSWSC 871 Hearing dates: 8 June 2018 Date of orders: 08 June 2018 Decision date: 08 June 2018 Jurisdiction: Common Law Before: Schmidt J Decision: Orders made in terms of MFI 3.
Catchwords: REAL PROPERTY – possession – notice of motion – order seeking possession of property and judgment in favour of plaintiff – leave sought to issue writ of possession – orders sought not opposed – orders made Legislation Cited: Uniform Civil Procedure Rules 2005 (NSW) Category: Procedural and other rulings Parties: Perpetual Corporate Trust Limited (Plaintiff)
Kelly May Kosseris (Defendant)Representation: Solicitors:
Kells Lawyers (Plaintiff)
File Number(s): 2018/52468 Publication restriction: Nil
EX TEMPORE Judgment
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HER HONOUR: By notice of motion filed on 2 May 2018, the plaintiff seeks orders of possession of property the subject of these proceedings, as well as other orders, including that the defence be struck out, judgment be entered in its favour and it be granted leave to issue a writ of possession.
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The motion has now been in the list on a number occasions when there was no appearance for Ms Kosseris, despite having been given notice of the listing.
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The motion is supported by a number of affidavits including, most recently, that sworn by the plaintiff's solicitor, Mr Micevski, on 4 June. There he describes the further steps pursued to ensure that Ms Kosseris was on notice of the hearing of the motion today and the likelihood that if she did not then appear, the orders that the plaintiff sought would be made.
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On all of the evidence I am satisfied that Ms Kosseris is aware of the orders which the plaintiff seeks and the basis upon which its application is supported, most recently by a letter sent by Mr Micevski to her residence in Queensland on 25 May, by registered post.
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Ms Kosseris has clearly been put on notice of the orders likely to be made today, if she did not appear to defend the motion and that she was then advised of the desirability of obtaining legal advice and arranging to appear on the adjourned hearing of the motion.
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In all of the circumstances revealed on the evidence, Ms Kosseris clearly no longer being active in the proceedings and having decided not to appear to resist the orders which the plaintiff presses today, on all of the evidence, I am satisfied that justice requires that the orders sought by the plaintiff should now be made.
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Accordingly, I make orders in terms of MFI 3:
Judgment be entered against the defendant pursuant to rule 13.1 of the Uniform Civil Procedure Rules 2005 (NSW).
The plaintiff be granted possession of the land comprised in certificate of title folio identifier X/SPXXXXX being the land situated at and known as XX XXXXX X XXXXX X XXXXX , Figtree.
Leave to issue a writ of possession is granted.
The judgment be entered for the plaintiff against the defendant for the sum of $878,120.26, that being the balance owing on the defendant's loan account with the plaintiff as at 22 May 2018.
Any further orders that the court deems necessary.
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Decision last updated: 12 June 2018
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