State of New South Wales v Hetherington (No 2)

In the Supreme Court of New South Wales, the State of New South Wales brought proceedings against Hetherington and others for unlawful occupation of land. The plaintiff sought an order for possession of land, damages, and an injunction against the defendants' continued occupation. The defendants did not file an amended defence despite the court granting leave to do so, and the plaintiff subsequently applied for summary judgment. The central legal issues were whether the court could grant summary judgment given the lack of a defence, and if the evidence presented was sufficient to establish the plaintiff's ownership and right to possession.

The court found that the defendants had failed to file an amended defence after being granted leave to do so. The plaintiff's evidence demonstrated their ownership and the right to possession of the land. The court held that it was appropriate to grant summary judgment in these circumstances. The absence of a defence, coupled with the evidence of ownership, provided a clear basis for the court to decide in favour of the plaintiff. The court emphasised that the defendants' failure to present a defence meant that the plaintiff's case was uncontested, and the evidence was compelling enough to warrant the granting of the requested relief.

The court granted summary judgment in favour of the State of New South Wales, ordering the defendants to vacate the land immediately. Additionally, the court awarded damages to the plaintiff and issued an injunction to prevent the defendants from re-entering the property. This decision underscored the importance of timely compliance with court orders and the consequences of failing to present a defence in legal proceedings.