Rudd and Riddick (No 3)

This matter concerned an application by the Respondent for orders concerning the removal of his personal chattels from a property located at 29 G Street, Suburb C, Victoria. The Applicant sought to have the Respondent’s belongings removed from the property, which was being prepared for sale. The proceedings were before Hartnett J.

The central legal issues before the court were how the Respondent’s personal chattels should be dealt with, particularly in light of the property’s impending sale, and the terms upon which the Respondent could access the property to retrieve his belongings. The court was required to balance the Applicant’s need to prepare the property for sale with the Respondent’s right to access and remove his personal possessions.

Hartnett J ordered that the Respondent be at liberty to attend the G Street property on three days prior to 31 December 2019, between 9.00 am and 5.00 pm, for the sole purpose of removing his personal chattels. The Respondent was required to provide four days’ written notice of his intention to attend on each of those days, and the Applicant was to ensure the Respondent had entry. From 1 January 2020, the Applicant was permitted, after consultation with the selling agent regarding items necessary to enhance the property for sale, to place any remaining chattels into storage. The costs of storage were to be borne by the Applicant in the first instance, with any adjustment to be determined at trial or by agreement. The Respondent was granted unfettered access to the stored chattels. All other extant interim applications were dismissed, and the costs of the Applicant in these interim proceedings were reserved.