PROCEDURE - application for stay of execution of writ of possession - where orders made for possession in proceedings to which applicant was not a party - where applicant knew of those proceedings and did not assert a right to possession - where evidence did not support a finding that the applicant was living at the property the subject of the order for possession - where unexplained delay in bringing proceedings
PROCEDURE - where rules make provision for service of notice on occupier when proceedings for possession are commenced - underlying purpose of the rule to allow an occupier the opportunity to assert rights - operation of rule superfluous where occupier had knowledge of the proceedings in any event - appropriate case in which to exercise the power to dispense with the requirement of the rule
Case Details
Citation[2014] NSWSC 341
CourtNSWSC
JurisdictionNew South Wales
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