Loading...

Messages

Proposals

Stuck in your homework and missing deadline? Get urgent help in $10/Page with 24 hours deadline

Get Urgent Writing Help In Your Essays, Assignments, Homeworks, Dissertation, Thesis Or Coursework & Achieve A+ Grades.

Privacy Guaranteed - 100% Plagiarism Free Writing - Free Turnitin Report - Professional And Experienced Writers - 24/7 Online Support

Kaplan elearn

29/03/2021 Client: saad24vbs Deadline: 2 Day

Supreme Court

New South Wales

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

Medium Neutral Citation: [2016] NSWSC 852

Hearing Date(s): 14 and 15 June 2016

Decision Date: 23 June 2016

Jurisdiction: Common Law

Before: Sackar J

Decision: See paragraphs [68] and [69]

Catchwords: TRESPASS TO LAND – Whether land dedicated for public use – Whether implied licence to enter revoked – Whether protected by Protocol for Homeless People in Public Places – Whether permanent injunction appropriate – Relevance of hardship

Legislation Cited: Inclosed Lands Protection Act 1901 (NSW)

Cases Cited: Break Fast Investments Pty Ltd v PCH Melbourne Pty Ltd [2007] VSCA 311 Casson v Leichhardt Council [2011] NSWLEC 423; 186 LGERA 34 Cavric v Willoughby City Council [2015] NSWCA 182 Halliday v Nevill (1984) 155 CLR 1 ICI Australia Operations Pty Ltd v Trade Practices Commission (1992) 38 FCR 248 Lawrence v Fen Tigers Ltd [2014] AC 822; [2014] 2 All ER 622 Lets We Forget Pty Ltd v Westpac Banking Corporation [2005] 56 ACSR 126 Lord v McMahon [2015] NSWSC 1619 Namul Pty Ltd v Milovan Stankovic [2013] NSWSC 115 Newington v Windeyer (1985) 3 NSWLR 555 Owen v O’Connor [1963] SR (NSW) 1051

Reliance Finance Corporation Pty Ltd v Orwin Walshe & Ward [1964-5] NSWR 970 Ross v Lane Cove Council [2014] NSWCA 50 Shire of Narracan v Leviston (1906) 3 CLR 846 Street v Luna Park Sydney Pty Limited [2009] NSWSC 1 Universal Music Australia Pty Ltd v Sharman Networks Ltd [2006] FCAFC 41; 150 FCR 110

Texts Cited: Spry’s The Principles of Equitable Remedies (9th ed, 2014)

Category: Principal judgment

Parties: Coles Group Property Developments Limited (first plaintiff) ISPT Pty Ltd as trustee for the ISPT Retail Australia Property Trust (Kellyville NSW) (second plaintiff) Milovan Stankovic (defendant)

Representation: Counsel: T Maltz (plaintiff) M Stankovic (self-represented) Solicitors: JBT Lawyers (plaintiffs)

File Number(s): 2015/311711

Publication Restriction: N/A

JUDGMENT 1 This is an application for a declaration that the defendant is not entitled to enter

or remain upon the land known as Kellyville Plaza or leave any property on that

land. Further orders are sought permanently restraining the defendant from

entering upon or remaining on the land or leaving any property on the land, and

permitting the plaintiffs to sell, destroy or dispose of any property left by the

defendant.

2 The plaintiffs in this matter are Coles Group Property Developments Ltd

(Coles) and ISPT Pty Ltd as trustee for the ISPT Retail Australia Property Trust

(Kellyville NSW) (IPST). The plaintiffs are the registered proprietors of the land

at 90 Wrights Road, Kellyville upon which is situated the Kellyville Plaza. IPST

is registered as the owner of a three-quarters share and Coles as the owner of

a one-quarter share in the land.

3 The defendant is Mr Milovan (Michael) Stankovic. Mr Stankovic is a 71 year old

homeless man who resides in a van with licence plates AM 29 MT. His medical

report indicates that has had leukaemia and suffers from heart disease, type II

diabetes, arthritis and scleritis.

Background facts

4 Mr Stankovic appears to have resided in a property behind Kellyville

Woolworths until that property was sold following his being declared bankrupt.

Mr Stankovic remains of the view that that property was “illegally stolen” (T6).

5 In February 2013, Rein J made orders declaring that Mr Stankovic had no right,

title or interest in the Kellyville property and restraining Mr Stankovic from

entering the land or publishing or disseminating any material asserting that he

has an interest: Namul Pty Ltd v Milovan Stankovic [2013] NSWSC 115.

6 It appears to be common ground that the defendant parked his vehicle in the

Kellyville Plaza Coles car park on a relatively continuous basis from at least

October 2014 until around October 2015. His vehicle is now parked outside

Kellyville Woolworths, however Mr Stankovic continues to visit the Kellyville

Plaza on about a daily basis and in particular visits Gloria Jeans where he

charges the battery of his mobility scooter.

Procedural history

7 On 23 October 2015, the plaintiffs filed a Summons seeking interlocutory and

final relief.

8 On 28 October 2015, Ball J made an interlocutory order that the defendant

remove from Kellyville Plaza himself and any property in his ownership,

custody, possession or control, including his vehicle. His Honour further made

orders restraining the defendant from entering upon or remaining on any part of

the land, and permitting the plaintiffs to remove any of the defendant’s property

if the defendant did not comply with the first order (but not authorising the

plaintiffs to use force to remove any of the defendant’s property). The

defendant did not appear on that occasion.

Homework is Completed By:

Writer Writer Name Amount Client Comments & Rating
Instant Homework Helper

ONLINE

Instant Homework Helper

$36

She helped me in last minute in a very reasonable price. She is a lifesaver, I got A+ grade in my homework, I will surely hire her again for my next assignments, Thumbs Up!

Order & Get This Solution Within 3 Hours in $25/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 3 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 6 Hours in $20/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 6 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

Order & Get This Solution Within 12 Hours in $15/Page

Custom Original Solution And Get A+ Grades

  • 100% Plagiarism Free
  • Proper APA/MLA/Harvard Referencing
  • Delivery in 12 Hours After Placing Order
  • Free Turnitin Report
  • Unlimited Revisions
  • Privacy Guaranteed

6 writers have sent their proposals to do this homework:

24/7 Assignment Help
Top Academic Guru
Engineering Mentor
Assignments Hut
Calculation Guru
Professional Accountant
Writer Writer Name Offer Chat
24/7 Assignment Help

ONLINE

24/7 Assignment Help

I am known as Unrivaled Quality, Written to Standard, providing Plagiarism-free woork, and Always on Time

$29 Chat With Writer
Top Academic Guru

ONLINE

Top Academic Guru

I am known as Unrivaled Quality, Written to Standard, providing Plagiarism-free woork, and Always on Time

$80 Chat With Writer
Engineering Mentor

ONLINE

Engineering Mentor

I will cover all the points which you have mentioned in your project details.

$118 Chat With Writer
Assignments Hut

ONLINE

Assignments Hut

I have read and understood all your initial requirements, and I am very professional in this task.

$139 Chat With Writer
Calculation Guru

ONLINE

Calculation Guru

You can award me any time as I am ready to start your project curiously. Waiting for your positive response. Thank you!

$32 Chat With Writer
Professional Accountant

ONLINE

Professional Accountant

I will cover all the points which you have mentioned in your project details.

$166 Chat With Writer

Let our expert academic writers to help you in achieving a+ grades in your homework, assignment, quiz or exam.

Similar Homework Questions

Week 2 discussion - You beat time on my head - Pooled development fund act - Solve the equation for y 4x 2y 6 - Does macbeth kill donalbain - Certified general accountants of ontario - Mcdonalds in russia case study - Laying the foundation ap statistics review descriptive statistics answers - Driscoll model of reflection pdf - Who am i outline - Telestar international case study answers - Philosophy the quest for truth 9th edition - 2014 advanced maths hsc - Deliverable 2 - The Healthcare Delivery System - Compare and contrast langston hughes poems - STRATEGIC MANAGEMENT ACCOUNTING blogpost---200words - Aluminum lithium alloys have been developed by the aircraft - Tim hortons franchise cost - Alpha beta charlie symbols - Agile csm certification questions - Leupold rx 11 rangefinder - Angular velocity examples and solutions - A 10 year bond pays an annual coupon - Discussion Board (Respond to student post below) - 139 viewgrand drive berwick - Organizational restructuring memo example - 2 responses - Kvar formula 3 phase - Capstone Research Companion - Bacterial identification lab worksheet answers - Phillip island pony club - Www scottsofstow co uk - 19mm fibre cement sheet - Principles of meat cookery - Organizational communication ppt presentation - Calculate protein concentration using extinction coefficient - Singtel mobile plan sim only - 25639 larkins street southfield mi - Alcohol interlock device victoria - Individual differences in second language learning rod ellis - Aquinas diocesan grammar school - Groove armada bunny video - BUS225 Week 4 - Council on social work education cswe - Read those articles write a short essay (550 words) - Square root of 36100 - READING LOG - Me3 assist the mechanic - Martlesham microwave round table - Brisbane city council planning scheme mapping - Origin of kingship in ancient india - Difference between mechanistic and organic organization - Discussion: Traumatic Reactions-6411-wk3 - Estimated marginal means graph spss - What have you learned about research at an introductory level - Exploring language 13th edition pdf - Visual analysis assignment - Moreton bay council development applications - Is 15 prime or composite - A 30 mh inductor has a reactance of 2.10 - Koch and co coupon - Phase models of negotiation - Relationship between stanley and stella - Super's self concept theory of career development - Broadening units list uwa - Clinical reasoning cycle essay - Sub zero wolf australia - How is the media biased and in what direction - Operation Security - NP Clinical Rotations - How to create job seeker id - PRINCIPLES OF INDUSTRIAL ORGANIZATIONAL PSYCHOLOGY - Air force platform information technology pit cybersecurity guidebook - Adf information systems technician - Mlc super fund abn number - Describe the relationship between mandela and pienaar - Romeo and juliet tattoo - Need this answered now - Af form 910 blank - Abcdef in obstetric emergency - Dulce et decorum est pro patria mori. - Essay - 8 paged paper - Hess law of constant heat summation - Future scope of iot home automation - Soap case notes social work - Answer questions - Ecosystem in a bottle analysis - Written meditations on the spiritual essence of the universe - Dear sir please find the attached cv - Apple computer 2002 harvard business case - Research elasticity Essay - English - Legal and Ethical implications in Healthcare - Ionic bonding problems with answers - World War 2 - Knowledge - Gas properties simulation activity answer key - Organizational behavior stephen p robbins 15th edition ppt - Walmart supply chain case study pdf - Racv emergency home assist