Bowral Capital v Real — Supreme Court issues possession warrant

Case
Bowral Capital Pty Ltd v Adora Alambra Real
Court
Supreme Court of Queensland
Date Decided
24 August 2026
Citation
[2026] QSC 197
Topics
mortgage enforcement, possession, enforcement warrants, civil procedure

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.

⬇ Download the original opinion (PDF)Archived from the court's official source.
✉️ Get tomorrow’s cases before your first coffee
Daily Case Law is our free morning digest — the most substantive new decisions, filtered to your jurisdictions and topics, each linking back here for the full analysis.

Leave a Comment

Your email address will not be published. Required fields are marked *

Scroll to Top