Wilkes v Bykowski

In the case of Wilkes v Bykowski, the plaintiff, Wilkes, sought summary judgment for possession of a property against the defendant, Bykowski, who was in occupation of the property. Wilkes was the registered proprietor of the property, and Bykowski had been in a past de facto relationship with Wilkes. Wilkes sought summary judgment for possession after Bykowski failed to vacate the property following a termination of their relationship. Subsequently, Bykowski commenced proceedings in the Family Court, and a conciliation conference was held in the Family Court. The issue was whether the parties had agreed to stay the Supreme Court proceedings pending the outcome of the Family Court proceedings. It was also necessary to determine whether the Family Court registrar had the power to make an order for a stay and whether Bykowski's subsequent conduct was inconsistent with the agreement for a stay. Another issue was whether the claim of a de facto relationship was a defence to the claim for possession, particularly given that both parties were desirous of selling the property. The court found that there was no agreement for a stay of the Supreme Court proceedings, and the Family Court registrar did not have the power to make such an order. Additionally, Bykowski's conduct was inconsistent with any agreement for a stay. The court also found that the claim of a de facto relationship was not a defence to the claim for possession, particularly given that both parties were desirous of selling the property. Ultimately, the court granted summary judgment for possession in favour of Wilkes.