BATTLE v BUNDAGEN CO-OPERATIVE LTD [2010] NSWCA 251

New South Wales Court of Appeal

CITATION: BATTLE v BUNDAGEN CO-OPERATIVE LTD [2010] NSWCA 251

HEARING DATE(S): 27 September 2010

JUDGMENT DATE: 28 September 2010

JUDGMENT OF: Basten JA at 1

(1) Subject to compliance with the conditions set out in (2) below, execution of the writ of possession issued pursuant to leave granted on 5 March 2010 be stayed until the determination of the proceedings in this Court. (2) The stay is conditional upon the applicant (Christopher Battle): (a) not assaulting, harassing, threatening, molesting, intimidating or otherwise interfering with members of the Co-operative, people living on the land of the Co-operative, or visitors on the land of the Co-operative; (b) not approaching, contacting or communicating with any member of the Co-operative, any person living on the land of the Co-operative or any visitor on the land of the Co-operative who had indicated to the applicant that they do not wish him to approach, contact or communicate with them; DECISION: (c) not approaching, contacting or communicating with any member of the "Outback Village" or Roger Horton; (d) communicating with the Co-operative co-ordinators and directors of the Co-operative only through the legal representatives of the Co-operative, and (e) not using or interfering with equipment owned by the Co-operative. (3) Order that the concurrent hearing of the application for leave to appeal and the appeal be fixed for hearing at a date as soon as possible, without requiring the vacation of the date of any other matter already fixed for hearing. (4) Order that the costs of the motion be the applicant's costs in the appeal.