St Alder v Waverley

The applicants, a group asserting a right to occupy Crown Land, sought to continue a stay of orders that had dismissed their proceedings. The dismissal of these proceedings was likely to result in the applicants' forced removal from the Bondi Pavilion. The respondents, presumably Waverley Council, contended that continuing the stay would prejudice their ability to remove the applicants, particularly over a holiday period. The matter came before Basten JA.

The primary legal issue was whether the court should grant a continuation of the stay of orders, thereby restraining the respondents from removing the applicants and their belongings, and preventing access to the occupied area, until the determination of an appeal. This involved considering the prejudice to the respondents against the potential prejudice to the applicants if the stay were not continued.

Basten JA granted the stay, restraining the respondents until 5pm on 18 February 2010. This restraint was conditional upon the applicants undertaking to maintain the area in question in a state of cleanliness and good order and to keep the fire exit clear of obstruction. The restraint on removing belongings and preventing access was limited to actions intended to render the occupation impracticable, and did not apply to the provision of emergency services. The court also fixed the appeal for hearing on 18 February 2010, and set timelines for the filing of submissions and a joint bundle of papers. The costs of the motion were reserved as costs in the proceedings. The court also noted the applicants' intention to proceed by way of a representative action.