Sarina v O'Shannassy (No.3)

In *Sarina v O'Shannassy (No.3)*, the Supreme Court of Victoria considered a dispute between the plaintiff, Sarina, and the defendant, O'Shannassy. The proceedings concerned an application for an order for possession of land and mesne profits.

The primary legal issue before the Court was whether the plaintiff was entitled to an order for possession of the subject land and, consequently, an award of mesne profits. This required the Court to determine the legal effect of certain agreements and the nature of the defendant's occupation of the land.

Judge Manousaridis found that the plaintiff had established a right to possession of the land. The Court reasoned that the agreements between the parties did not confer a right of occupation on the defendant that would defeat the plaintiff's claim for possession. The defendant's continued occupation was therefore unlawful. Consequently, the Court ordered that the plaintiff be at liberty to enter judgment against the defendant for possession of the land and for mesne profits to be assessed.