Armidale Local Aboriginal Lands Council v Moran

Judgment

1. On 11 July 2018, Fagan J made orders listing this matter for urgent hearing on 17 July, observing that the Armidale Local Aboriginal Lands Council was seeking 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 she seemed to be squatting. It appeared that the building had been seriously damaged by fire, making its occupation hazardous, with the result that approval for its demolition had been obtained from the Regional Council and contractors engaged by the Lands Council, so that the demolition work could be undertaken. Nevertheless, Ms Moran refused to vacate the premises: Armidale Local Aboriginal Lands Council v Moran (Supreme Court (NSW), Fagan J, 11 July 2018, unrep).
2. Fagan J observed that on the material relied on by the Lands Council, there did not seem to be any basis upon which Ms Moran could claim a right to possession of the property, but the steps it had pursued to have police deal with her apparent breach of s 4 of the Inclosed Lands Protections Act (1901) (NSW) had not been successful, for reasons which were not apparent. Accordingly, the Lands Council brought these proceedings, to seek declaratory relief. The matter was listed for urgent hearing on 17 July.
3. The hearing that day was adjourned to 19 July, there having been no appearance for the Lands Council in circumstances where, as the result of an administrative error, it had been given written notification that the hearing had been vacated and the matter listed later in the month before the Equity Registrar.
4. Prior to the 17 July hearing, Ms Moran had approached the Local Court at Armidale for assistance. The result was that a bundle of documents were emailed to my Associate, which she relied on at the final hearing. They included a handwritten document in which reference was made to a Building Inspector, Mr Rees, of Armidale Regional Council; the application for demolition of the building; copies of documents relating to apprehended violence orders sought by Ms Moran in relation to Mr Briggs, the Land Council's chief executive officer; correspondence sent in June by the Armidale Regional council to Ms Moran, about the complying development application lodged by the Land Council, which proposed the demolition of the building, which had been approved; and a copy of a complaint made to the Land Council, by Ms Moran about alleged fraud and corruption, as well as a complaint to the Judicial Commission of NSW.