› Lawful authority to enter under warrant of possession
Torts
› Trespass to goods and conversion
› Goods removed pursuant to warrant of possession
Quick Take
1Police officers who enter property at the request of the Sheriff's Office to assist in execution of a warrant of possession act with lawful justification and do not commit trespass to land, provided the warrant is valid and the occupant's claimed tenancy is not genuine or legally effective.
2An interim VCAT order purporting to restrain a landlord's servants or agents from obtaining possession was of no legal effect where the mortgagee (CBA) had already acquired legal possession through a validly executed warrant, and the order did not restrain the mortgagee — police officers were entitled to rely on legal advice to this effect when warning the plaintiff against re-entry.
3Credibility findings were decisive on the facts: the court drew adverse inferences from the plaintiffs' failure to call corroborating witnesses, rejected claims of fabricated lease agreements, and found the plaintiffs' accounts of excessive force and theft of cash were not established.
