Moran v Armidale Local Aboriginal Lands Council

Court of Appeal

Supreme Court

New South Wales

Medium Neutral Citation:	Moran v Armidale Local Aboriginal Lands Council [2019] NSWCA 220
Hearing dates:	5 September 2019
Date of orders:	10 September 2019
Decision date:	10 September 2019
Before:	Macfarlan JA; Payne JA
Decision:	(1) Application for leave to appeal out of time dismissed. (2) Summons seeking leave to appeal filed on 4 June 2019 dismissed. (3) Applicant to pay the costs of the respondent.
Catchwords:	CIVIL PROCEDURE – Court of Appeal – application for leave to appeal – filed out of time – no prospects of success – application dismissed
Legislation Cited:	Inclosed Lands Protection Act 1901 (NSW), s 4 Supreme Court Act 1970 (NSW), s 101
Cases Cited:	Armidale Local Aboriginal Lands Council v Moran (Supreme Court (NSW), Fagan J, 11 July 2018, unrep) Gallo v Dawson [1990] HCA 30; 64 ALJR 458 The Age Company Ltd v Liu [2013] NSWCA 26
Category:	Principal judgment
Parties:	Kerry Jean Moran (Applicant) Armidale Local Aboriginal Lands Council (ABN 74 878 382 043) (Respondent)
Representation:	Counsel: D C Eardley (Respondent)   Solicitors: Applicant (self-represented) Legal Minds (Respondent)
File Number(s):	2019/00174408
Publication restriction:	Nil
Decision under appeal	Court or tribunal: Supreme Court of New South Wales Jurisdiction: Common Law Citation: [2018] NSWSC 1133 Date of Decision: 20 July 2018 Before: Schmidt J File Number(s): 2018/00213158

Judgment

1. THE COURT: This is an application for leave to appeal from the decision of Schmidt J delivered on 20 July 2018 in Armidale Local Aboriginal Lands Council v Moran [2018] NSWSC 1133.

2. Leave to appeal is required as the applicant has not demonstrated that an amount in excess of $100,000 is engaged: Supreme Court Act 1970 (NSW), s101(2)(r). An extension of time is also required as the summons seeking leave to appeal was filed on 4 June 2019, many months out of time.

Relevant facts

3. In the Court below, the respondent, the Armidale Local Aboriginal Lands Council, sought a declaration that Ms Moran had no right to enter, occupy, or remain on land of which it is the registered proprietor at Armidale, where it alleged she was squatting.

4. The building being occupied by Ms Moran had been seriously damaged by fire, making its occupation hazardous, with the result that approval for its demolition had been obtained from the Armidale Regional Council. Contractors had been engaged by the respondent to effect demolition of the building. Nevertheless, Ms Moran refused to vacate the premises: Armidale Local Aboriginal Lands Council v Moran (Supreme Court (NSW), Fagan J, 11 July 2018, unrep).

5. Fagan J in that case observed that there did not seem to be any basis upon which Ms Moran could claim a right to possession of the property, but the steps the respondent had pursued to have police deal with her apparent breach of s 4 of the Inclosed Lands Protection Act 1901 (NSW) had not been successful, for reasons which were not apparent. Accordingly, the respondent brought proceedings in the Common Law Division seeking declaratory relief.…