Coles kellyville plaza

23 Mr Bunting’s evidence is that on 30 September 2015, the plaintiffs served a

further notice on the defendant to cease trespassing. The evidence of Ms Clare

Jordan, a Senior Associate at JBT Lawyers, in her affidavit of 22 October 2015

is that she prepared the notice.

24 The evidence of Mr Hoare, a licenced process server, in his affidavit of 22

October 2015 is that the defendant refused to accept the document so Mr

Hoare affixed it to the defendant’s vehicle. Mr Hoare states that the defendant

then gave him a mobile telephone number. That telephone number appears to

be the same as the number displayed on the defendant’s vehicles in

photographs annexed to the affidavit of Mr Bunting.

25 The evidence of Mr Hoare is consistent with the defendant’s evidence in cross-

examination that he refused to accept the notice and that “the man come and

attempted to, to – that who delivery to, to actually stick on my, on, on my van”

(T69).

26 It should be noted that the plaintiffs concede that there is an error in the notice

of 30 September 2015 with respect to the folio numbers but submit that it was

“clear to Mr Stankovic that he wasn’t welcome” (T115).

27 Ms Jordan states that on 1 October 2015, she telephoned the defendant on the

number obtained by Mr Hoare. Ms Jordan’s evidence is that when asked

whether he would move to enable the refurbishment works to be completed,

the defendant responded with words to the effect “100% guaranteed I will

move” and “there will be no delay on my side”. Ms Jordan states that when she

informed the defendant that the plaintiffs required him to move immediately, he

responded that he needed “about seven days” to pack and move. Ms Jordan

further states that on 7 October 2015, a paralegal employed by JBT lawyers

contacted the defendant by telephone. The defendant said that his truck had

had a flat battery and that he anticipated leaving by 9 October 2015.

28 Mr Bunting’s evidence is that the defendant then moved his vehicle on the

weekend of 10-11 October 2015 to a parking space closer to the Plaza

entrance. In this respect, the defendant gave evidence that he moved closer to

the entrance to the Kellyville Plaza because the police told him “people will

killing you here for $10 for drugs” (T58).

29 Mr Bunting’s evidence is that also on 15 October 2015, the plaintiffs then

organised for a tow truck to remove the defendant, his vehicle and his property

with security guards and local police in attendance. His evidence is that the

defendant eventually drove off the land but returned about 90 minutes later.

Two security guards attempted to prevent the defendant entering the car park

but the defendant drove the vehicle into the security guards, causing a minor

knee injury to one of them. Mr Bunting asserts that since the attempted

removal of the defendant, he has “repeatedly returned to the land with his

vehicle”.

30 The evidence of Mr Bunting is consistent with the evidence of Mr Jacob

Lambkin, the Contract Manager for ACS in 2014-2015, who also gave

evidence at the hearing of this matter about the events of 15 October 2015. Mr

Lambkin’s evidence is that he cannot remember exactly who from Coles

organised the events of that day (T46), but that the police were called “because

you were told you were not allowed to re-enter the car park. We had security

there standing at the car park entries at the driveways to which you physically

drove forward and physically hit one of our security guards” (T49).

31 In cross-examination, Mr Bunting gave evidence that when the defendant

drove off on 15 October 2015, “there was a lot of items left behind” (T24). His

evidence is that certain belongings, including a damaged mobility scooter, are

still “on site at Kellyville” (T20). Mr Bunting stated that he received a report that

the defendant rode or drive his mobility scooter “into one of the ATM bollards at

the front of the centre” and that that is how the scooter became damaged

(T20). Mr Bunting stated that other belongings that were “considered rubbish”