Trickey v Ewert

The plaintiffs in Trickey v Ewert brought an action seeking an order that the defendants, Ewert, give vacant possession of a property. The dispute arose from a contract for sale which had been completed, but the defendants had not vacated the property as agreed. The matter was heard in the Supreme Court of New South Wales. The plaintiffs argued that the defendants had breached the contract by failing to vacate the premises as required. The defendants did not contest the claim, and it was uncontested that they had no defence to the action.

The court was required to determine whether the defendants' failure to vacate the property constituted a breach of the contract for sale. Given that the defendants did not contest the claim and had no defence, the court found that the defendants had indeed breached the contract. The court also needed to consider the appropriate remedy for the breach. The plaintiffs sought an order for vacant possession, which the court was empowered to grant under the relevant legislation.

The court found in favour of the plaintiffs, holding that the defendants had breached the contract for sale by failing to vacate the property. Given the uncontested nature of the claim and the lack of any defence, the court granted the plaintiffs' request for an order that the defendants give vacant possession of the property. The court did not need to consider any other remedies as the order for vacant possession adequately addressed the breach.

In its final orders, the court directed the defendants to give the plaintiffs vacant possession of the property within 14 days of the judgment. The defendants were also ordered to pay the plaintiffs' costs of the proceeding. The judgment effectively resolved the dispute by enforcing the terms of the contract and ensuring that the plaintiffs received the property as agreed.