The County Court granted summary possession of estate property under Order 53 of the County Court General Civil Procedure Rules 2018 (Vic) against a beneficiary who remained in occupation after the administrator revoked his licence. The Court held that even where the defendant may have initially entered occupation with the deceased's acquiescence, the administrator's explicit revocation of permission and obligation to sell the property under the will satisfied the second limb of Rule 53.01(1). Costs were awarded on an indemnity basis in the absence of any appearance or defence by the defendant.
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