COMMONWEALTH OF AUSTRALIA v COE [2000] NSWSC 1243

New South Wales Supreme Court

CITATION : COMMONWEALTH OF AUSTRALIA v COE [2000] NSWSC 1243 revised - 28/12/2000 FILE NUMBER(S) : SC 13261 of 2000 HEARING DATE(S) : 19 December 2000 JUDGMENT DATE : 22 December 2000

PARTIES : Plaintiff: Commonwealth of Australia Defendant: Isabel Coe as representative of persons collectively terming themselves "Members of the Aboriginal Tent Embassy" presently upon Cockatoo Island JUDGMENT OF : Hulme J at 1

Plaintiff: Mr R Burbidge QC Mr TD Taylor COUNSEL : Defendant: Mr B Brassil Mr Robert Corawa: Mr B Miles Wadjulabinna Nulyarimma, Robert Thorpe, Kevin Buzzacott (applying to intervene): Mr Lindon SOLICITORS : Plaintiff: Australian Government Solicitor Defendant: Bernard D Brassil & Co DECISION : The defendant and other persons collectively terming themselves members of the Aboriginal Tent Embassy presently upon Cockatoo Island their servants and or agents leave the land known as Cockatoo Island Sydney Harbour being land comprised in Folio Identifier 1/549630 by 4pm Thursday 28.12.2000; That the defendant and other persons collectively terming themselves members of the "Aboriginal Tent Embassy" presently upon Cockatoo Island their servants and or agents not return to nor enter upon the land known as Cockatoo Island Sydney Harbour being land comprised in Folio Identifier 1/549630 pending final determination of these proceedings and any related proceedings; Conditional on the Defendant filing on or before 27.12.2000 an application for leave to appeal to the Court of Appeal returnable before a Judge of that Court on 29.12.2000, I stay operation of the above orders up to 4pm on Wednesday 3.1.2001; I note the 10 persons listed on Exhibit D give an undertaking to the court in terms of the 1st and 3rd undertakings given to Kirby J on 13.12.2000; I grant liberty to apply on 24 hours' notice; Cost of the motion be the Plaintiff's costs in the cause