Armidale Local Aboriginal Lands Council v Moran [2018] NSWSC 1133

Supreme Court New South Wales

Medium Neutral Citation: Armidale Local Aboriginal Lands Council v Moran [2018] NSWSC 1133 Hearing dates: 17 July 2018 and 19 July 2018 Date of orders: 20 July 2018 Decision date: 20 July 2018 Jurisdiction: Common Law Before: Schmidt J Decision: (1) Declare that the Defendant has no present right to enter, occupy, or remain upon the land comprised in folio identifier X/XXXXXX, being the land located at XX - XX XXXX XXXXX Road in Armidale, New South Wales.

(2) Order that the Defendant, and by her servants and agents, be restrained from entering, occupying, or remaining upon the Property comprised in folio identifier X/XXXXXX being the land at XX - XX XXXX XXXXXX Road, Armidale on a permanent basis.

(3) Order that the Defendant and any other person in occupation of, or present on, the Occupied Land give vacant possession to the Plaintiff within five (5) days.

(4) Unless the parties approach within 7 days to be heard, Ms Moran is ordered to pay the Armidale Local Aboriginal Lands Council costs, as agreed or assessed. Catchwords: POSSESSION OF LAND – trespass – trespass to land – declaration sought that plaintiff has no right to enter, occupy, or remain on land – orders made – costs Legislation Cited: Inclosed Lands Protections Act (1901) (NSW) Real Property Act 1900 (NSW) Cases Cited: Aboriginal Housing Co Ltd v Munro [2015] NSWSC 1155 Armidale Local Aboriginal Lands Council v Moran (Supreme Court (NSW), Fagan J, 11 July 2018, unrep) Plenty v Dillon (1991) 171 CLR 635; [1991] HCA 5 Windridge Farm Pty Limited v Grassi & Ors [2011] NSWSC 196 Category: Principal judgment Parties: Armidale Local Aboriginal Lands Council (Plaintiff) Kerry Archibald Moran (Defendant) Representation: Counsel: Mr D C Eardley (Plaintiff)