Robert Colin White v Nicole Maree White

EX TEMPORE JUDGMENT

1. On 9 December 2020, Messrs Roy Hanna and Omar Khan ("The Trustees"), were appointed by an order of Rees J of this Court, trustees for sale of a property at Hillvue ("the Property") of which the Defendant, Nicole Maree White ("Nicole"), is the registered owner. This is an application by the Trustees for possession of the Property. The appointment of the Trustees was in the following terms: "4. Pursuant to section 66G of the Conveyancing Act 1919 (NSW): (a) Order that the property at 128 Duri Road, Hillvue NSW 2340 (the "Hillvue Property") be sold. (b) Appoint Roy Hanna and Omar Khan, solicitors, as trustees for the sale of the Hillvue Property. 5. Order that, following the sale of the Hillvue Property and after payment of any rates, taxes and costs of sale, the trustees distribute the net proceeds of sale as follows: a. First, to the second defendant, Westpac Banking Corporation, in discharge of registered mortgage AM886228. b. Second, to the plaintiff in discharge of unregistered mortgage dated 30 March 2017, comprising: i. $246,896.72 owing under the Loan Agreement; and ii. $25,500 in costs and expenses, pursuant to Clause 5 of Memorandum No. Q860000. c. Third, any remaining funds to the first defendant."
2. The orders were made on 9 December 2020.
3. The order for the appointment of the Trustees followed on from the entry of default judgment in favour of the Plaintiff against Nicole in the sum of $246,896.72, together with an order that Nicole pay the Plaintiff $25,500 in a lump sum for his costs.
4. On 15 December 2020, Mr Hanna caused a letter to be sent via Express Post to Nicole, requesting that she vacate the Property by no later than 8 January 2021. Nicole did not respond to that request, nor did she vacate the Property by 8 January 2021.
5. On 3 February 2021, Nicole was personally served with a further notice to vacate the Property, which notice was dated 3 February 2021. At this time, Nicole was also personally served with a copy of the letter dated 15 December 2020. Nicole did not respond to that notice, nor did she vacate the Property. Accordingly, on 1 March 2021, the Plaintiff filed a notice of motion seeking, inter alia, leave to issue a writ for possession of the Property. An Amended Notice of Motion was filed on 4 March 2021 rectifying the wording of the orders sought, which included specifying a property to which the writ for possession was to be issued, and joining the Trustees as applicants on the motion, as the Trustees have been appointed by this Court to sell the Property. They are the parties to whom any writ for possession should be granted.