Background
Adora Alambra Real was the registered owner of a Mount Sheridan property mortgaged to secure a $307,734 loan made to Realec Engineering Services Pty Ltd. Ms Real was guarantor and mortgagor. The loan was not repaid within its 12-month term.
Bowral Capital commenced a possession claim in April 2026. Ms Real was personally served but did not file a notice of intention to defend or a defence. On 17 June 2026, McLeod J granted Bowral possession of the property and costs. Bowral then applied for an enforcement warrant to obtain possession.
The Court’s Holding
Davis J ordered that the warrant application proceed without an oral hearing under r 489 of the Uniform Civil Procedure Rules 1999 (Qld). The relevant facts and procedural prerequisites were clear from the filed material, and r 906 ordinarily contemplates enforcement-warrant applications being dealt with without a formal hearing.
The Court issued a warrant for possession under r 915. Ms Real had been personally served with the possession order 24 days before the application, satisfying the seven-day requirement in r 913(1). The evidence also established that no other person occupied the property under a lease or tenancy agreement, so leave under r 913(2) was unnecessary. Ms Real was ordered to pay the application costs.
Key Takeaways
- A possession order may be enforced by a warrant once the procedural requirements in rr 913 and 914 are met.
- Service of the possession order at least seven days before issue of the warrant is a key prerequisite.
- Leave is not required where no other occupier holds the property under a lease or tenancy agreement.
Why It Matters
The decision illustrates the streamlined Queensland procedure for enforcing an existing land-possession order. Where service, non-compliance and the absence of protected tenant occupiers are established by affidavit evidence, a warrant may issue without an oral hearing.