Event and Time
Event Description
The case revolves around a dispute regarding the possession of a property located at 48 Bogan Street, Parkes, NSW. The plaintiffs, as executors of the estate of Valerie Nancy Hetherington (deceased), sought possession of the land from the defendant, who is also a beneficiary in the will and has remained in occupation since the death of the deceased. The case was initiated on 18 May 2023.
Application and Claims
The plaintiffs filed a statement of claim seeking:
- Possession of the land described as Lots 2 & 4 Deposited Plan 14117.
- Mesne profits due to the defendant's occupation of the property.
After the defendant failed to respond or appear in court, the plaintiffs pursued a default judgment.
Judicial Decisions
- Judgment was granted to the plaintiffs for possession of the property.
- The plaintiffs were permitted to issue a writ of possession.
- The court adjourned the remaining claims for further directions scheduled for 9 February 2024.
- The court afforded liberty to apply on two days' notice.
Dispute Points and Legal Basis
Dispute Points
Plaintiffs' Arguments:
- The plaintiffs, as executors, have the right to recover possession of the property to facilitate the administration of the estate.
- They issued proper notices to vacate to the defendant prior to seeking a default judgment.
- The defendant's continual occupation since the death of the deceased, despite repeated notices, warranted the claim for possession.
Defendant's Position:
- The defendant did not file a notice of appearance or a defense, rendering them absent from the legal proceedings.
- While the defendant could claim rights as a beneficiary, he failed to respond to the claims and notices issued by the plaintiffs.