Re Lapan; McMurray v Lapan

In this matter, the plaintiff sought an order for the defendant to vacate estate property, which was necessary for the administration of the estate of the deceased. The dispute arose due to the defendant's persistent refusal to vacate the property, despite the plaintiff's entitlement to possession. The case was heard in the Supreme Court of New South Wales. The plaintiff argued that the defendant's actions constituted a continuous and blatant failure to comply with the orders of the court, thereby frustrating the administration of the estate. The legal issues before the court were whether the plaintiff was entitled to an order for possession of the estate property and whether the defendant's actions constituted a failure to comply with the orders of the court.

The court found that the defendant had continuously and blatantly failed to comply with the orders of the court, thereby frustrating the administration of the estate. The court held that the plaintiff was entitled to an order for possession of the estate property, as the defendant's actions constituted a failure to comply with the orders of the court. The court also found that there was no point of principle in the matter and that the plaintiff was entitled to the relief sought. The court made orders pursuant to Supreme Court (General Civil Procedure) Rules 2015, Orders 53 and 54, to grant the plaintiff the relief sought.