Coles Group Property Developments Limited v Milovan (aka Michael) Stankovic

The case before the court involved a dispute between Coles Group Property Developments Limited and Milovan (aka Michael) Stankovic. The primary issue was whether Stankovic had trespassed on land dedicated for public use, and whether an implied licence to enter had been revoked. Additionally, the court considered whether Stankovic was protected by the Protocol for Homeless People in Public Places and whether a permanent injunction was appropriate, taking into account the potential hardship it might cause.

The legal issues the court had to resolve included the interpretation of the status of the land in question, the conditions under which an implied licence to enter could be revoked, and the application of the Protocol for Homeless People in Public Places to the case. The court also had to weigh the merits of issuing a permanent injunction against the potential hardship it might impose on Stankovic.

In delivering the judgment, the court examined the nature of the land and concluded that it was indeed dedicated for public use. The court found that the implied licence to enter had been revoked, as Stankovic had engaged in activities that breached the terms of the licence. However, the court also recognised that Stankovic was protected by the Protocol for Homeless People in Public Places. After weighing the relevant factors, the court decided that a permanent injunction was not the most appropriate remedy in this case, as it would impose significant hardship on Stankovic.

The court's final orders were to deny the application for a permanent injunction and to direct the parties to engage in further discussions to explore alternative arrangements that would protect the interests of both Coles Group Property Developments Limited and Stankovic, while also considering the provisions of the Protocol for Homeless People in Public Places.