ST ALDER v WAVERLEY [2009] NSWCA 437

New South Wales Court of Appeal

CITATION: ST ALDER v WAVERLEY [2009] NSWCA 437

HEARING DATE(S): 23 December 2009 JUDGMENT OF: Basten JA at 1

EX TEMPORE JUDGMENT DATE: 23 December 2009

(1) Upon the applicants' undertaking proffered through counsel to maintain the area in question in a state of cleanliness and good order and to keep the fire exit clear of obstruction: Restrain the respondents until 5pm on 18 February 2010 by themselves and by their employees or agents, from removing the applicants and from taking steps to remove the applicants' belongings and from preventing access to the area the appellants occupy under the colonnade at the northwest rear of the Bondi Pavilion. In relation to the removal of belongings, or the prevention of access, the restraint is limited to such steps as are taken for the purposes of rendering the existing state of occupation impracticable and with the intention that the restraints will not apply in relation to the provision of the emergency services, so far as such services may require access to or impact upon the area in question. (2) Fix the appeal and, to the extent that leave to appeal is required, any application for leave to appeal for hearing concurrently on 18 February 2010. DECISION: (3) Direct that the parties prepare and file with the Court a bundle of papers in the form of a white book by 20 January 2010. (4) Direct that the applicants file and serve written submissions, as on an appeal, by 1 February 2010. (5) Direct that the respondents file and serve their written submissions in reply by 11 February 2010. (6) Costs of the motion be costs in the proceedings. (7) The Court notes the intention of the applicants to file a document pursuant to which they will proceed in this Court by way of a representative person representing himself or herself and the others, such person probably being Mr St Alder, pursuant to rule 7.4(2) of the Uniform Civil Procedure Rules.