In Perpetual Corporate Trust Limited v Xu [2024] QDC 46, the District Court of Queensland addressed an application by Perpetual Corporate Trust Limited for an enforcement warrant against Lan Zu Xu concerning the possession of land. Perpetual Corporate Trust, having obtained default judgment against Xu, sought to enforce an order for possession of a property described as Lot 80911, Bowen Hills, Queensland. The court addressed procedural requirements under the Uniform Civil Procedure Rules 1999 (Qld) and the Residential Tenancies and Rooming Accommodation Act 2008 (Qld), particularly regarding notice to vacate issued to tenants occupying the property post-mortgage without the mortgagee's consent. The court granted the plaintiff's application for an enforcement warrant to secure possession of the property and ordered Xu to pay the plaintiff's legal costs. However, it declined to make a costs order against the tenants, who were not parties to the proceedings, and ordered costs against the defendant on a standard basis, rejecting the plaintiff's request for indemnity costs despite alleging the defendant's uncooperative behaviour.
From the TLDR Caselaw Archive