Woman to be forcibly removed from Sydney apartment after court ruling

The Chimes building is set to be redeveloped. Picture: Tim Hunter.

A writ was issued earlier this month authorising entry by the Sheriff to take possession of the studio apartment of Anastasia Moesses in Sydney’s Potts Point complex, The Chimes.

It likely triggers the unseemly aspect of the strata renewal laws into practice next year.

Her pending dislocation comes amid the plans to redevelop 1960s Macleay St complex. Property developer Time & Place first targeted the property in 2020.

Owner occupier Moesses, who has been the lone holdout owner defying Time & Place and its financier, James Packer’s NPACT Point Investments, paid $44,000 in 1982.

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Anastasia Moesses bought into the complex in 1982

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Mitchell Griffiths, of Rapsey Griffiths, was appointed by the NSW Land and Environment Court Justice Sarah Pritchard’s ex parte ruling as trustee for the $1.4m compulsory acquisition of her apartment in June.

Last month Griffiths secured judgment ordering Moesses to surrender possession and pay$3819 in fees. This month Moesses was ordered to pay a further $1113.

The costs will be deducted from the $1.4m court ordered sale price.

Moesses, who had once been been offered $1.6m by the developer, has never agreed to the dislodgement deal.

Griffiths continues to try to negotiate the voluntary vacation of the property with Moesses, failing which possession will be obtained through the Sheriff in the new year.

NSW’s only previous compulsory strata transfer by trustee was for short-term accommodation premises in Haymarket which did not involve an occupant losing possession.

The acquisition of the 80 studios and 27 car spaces in the 1964 brutalist block has so far seen $100m-plus acquisition costs.

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Ms Moesses will be forcibly removed from the building. Picture: Tim Hunter.

The developer is seeking a 13-storey mixed-use project enevelope, with generous affordable housing and design excellence incentives through NSW Planning’s development process.

The Sell, which has long maintained a neighbourly eye over the unfolding circumstances, previously reported Moesses was among the 194 submissions to NSW Planning objecting to the project. Only four are in support.

Moesses made an emotional public submission.

“I reside in The Chimes, the building the Time & Place developers wish to destroy,” the mortgage-free owner occupier wrote.

“These people continue badgering me to vacate my home of over 40 years because, according to them, I’m no longer the proprietor of my own home. They are kicking me out on the streets as homeless.

“Their efforts to destroy me are pitiable and pathetic. The reason for which they want to destroy me is because I refused to sell under their dictatorial rules.

“At different times, their price changed dramatically, up and down, which made me suspicious.”

Moesses noted many objected to the project, “especially the tenants”.

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