Tweed Byron Local Aboriginal Land Council v Williams [2024] NSWSC 868

Supreme Court New South Wales

Medium Neutral Citation: Tweed Byron Local Aboriginal Land Council v Williams [2024] NSWSC 868 Hearing dates: 16 July 2024 Date of orders: 18 July 2024 Decision date: 18 July 2024 Jurisdiction: Common Law Before: Schmidt AJ Decision: Order that: (1) The First Defendant has no present right to enter, occupy or remain upon the land comprised in folio identified XXX/XXXXXX, being the land located at XX XXXXXX XXXXX, Banora Point, New South Wales; (2) The First Defendant, by his servants and agents, be restrained from entering, occupying, or remaining upon the Property comprised in folio identifier XXX/XXXXXX, being the land located at XX XXXXXX XXXXX, Banora Point, New South Wales on a permanent basis; (3) The First Defendant and any other person in occupation of, or present on, the land comprised in folio identifier XXX/XXXXXXXX, being the land located at XX XXXXXX XXXXX, Banora Point, New South Wales, give vacant possession of the property to the Plaintiff forthwith; (4) The Plaintiff have leave to issue a writ for possession of the land comprised in folio identified XXX/XXXXXXXX, being the land located at XX XXXXXX XXXXX, Banora Point, New South Wales forthwith; (5) The Plaintiff have leave to file a Notice of Discontinuance in respect of the claim against the Second, Third and Fourth Defendants; and (6) Unless Mr Williams approaches within 14 days of this judgment to be heard about some other order, together with short written submissions, Mr Williams is to bear the Council's costs, as agreed or assessed. Catchwords: REAL PROPERTY – possession – registered proprietor's right of possession – orders finally unopposed Legislation Cited: Aboriginal Land Rights Act 1983 (NSW), ss 50, 52, 52A, 52AA, 53, 54, 62-64, 72, 233, 234A Inclosed Lands Protection Act 1901 (NSW) Real Property Act 1900 (NSW), s 42 Uniform Civil Procedure Rules 2005 (NSW) Cases Cited: Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155 Armidale Local Aboriginal Lands Council v Moran [2018] NSWSC 1133 Barker v The Queen (1983) 153 CLR 338; [1983] HCA 18 DKLR Holding Co (No 2) Pty Ltd v Commissioner of Stamp Duties [1980] 1 NSWLR 510 Category: Principal judgment Parties: Tweed Byron Local Aboriginal Land Council (Plaintiff) River Williams (First Defendant) Elise Engvig (Second Defendant) Missy aka Missy Togo, Annette Togo and Annette Tuku (Third Defendant) Melissa Rose Balmer (Fourth Defendant) Representation: Counsel: A Kaufmann (Plaintiff)