Solar oven report

11 It is convenient to first set out a chronology of the history of interactions

between the defendant and the plaintiffs.

12 The evidence of Mr Geordie Bunting, the plaintiffs’ Senior Centre Manager for

NSW during the relevant period, is that for about four weeks in October 2014,

the defendant’s vehicle was continuously parked on the plaintiffs’ land in the

Coles car park. Mr Bunting has provided a photograph of the Car Parking

Terms and Conditions displayed on signs in the Coles car park which

relevantly provide as follows:

Adhere to Directions

4. You must adhere to all parking signs and directions and comply with all verbal or other directions given to us or any person authorised by us.

Hours of operation

5. You must not enter or remain in, or allow any vehicles or other property to remain in the car park other than during the hours of operation displayed on signs throughout the car park.

13 The hours of operation of the Coles car park are 6 am to 12 am. Mr Bunting

has also provided a photograph which appears to indicate that parking is

restricted to three hours.

October 2014 banning notices

14 Mr Bunting’s evidence in his affidavit of 26 October 2015 is that on 16 and 20

October 2014, Mr Peter Twigg, an employee of ACS Integrated Services

Providers (ACS) serving as Kellyville Plaza Centre Duty Manager, issued

banning notices to the defendant revoking any express or implied licence

allowing the defendant to enter or remain upon the premises. While Mr Bunting

accepted in cross-examination that he did not sign the banning notices (T15),

Mr Bunting stated that ACS “have our authority” to issue banning notices (T14).

15 Annexed to Mr Bunting’s affidavit are copies of the banning notices which

provide as follows:

NAME: MILOVAN STANKOVIC

ADDRESS: NO FIXED ADDRESS

PHONE: -

TYPE OF OFFENCE: SQUATTING – OFFENSIVE BEHAVIOUR

I PETER TWIGG being a Manager/Representative of Coles Group Limited (Site Name) Kellyville Plaza (Business or shopping Centre Management) DO HEREBY REVOKE any expressed or implied licence allowing you to remain upon the premises of: Coles Kellyville Plaza, bound by (defined boundaries are) WRIGHTS RD AND YORK RD.

This TERMINATION OF LICENCE will operate and be enforced for a period of 12 months from the date of service upon you

…

16 The defendant stated in cross-examination that he did not accept the banning

notices from Mr Twigg (T63). The defendant indicated that in his view, Mr

Twigg could not issue banning notices because Mr Twigg was “a cleaner

employed by the different company” and had “no authority” to serve the notices

(T7, 66). The defendant made several allegations against Mr Twigg during the

hearing of this matter, including allegations that Mr Twigg put rubbish in the

defendant’s vehicle and has falsely alleged that the defendant has undressed

in public (T7, 55).

17 The defendant’s evidence is that Mr Twigg passed the banning notices to the

police (T63), and that the defendant told the police “that this is civil proceeding,

as a – as a civil proceeding police have no say in it” (T63-4). In the defendant’s

view, the landowner “did not even know” about the banning notices (T65).

18 It should be noted that Mr Twigg is no longer an employee of the plaintiffs and

that the plaintiffs have been unable to make contact with Mr Twigg aside from

serving him with a subpoena.

19 The plaintiffs indicated at the hearing of this matter that they “primarily rely on

the second set of banning notices” it seems on the basis of the unavailability of

Mr Twigg (T6).

Events subsequent to October 2014

20 Mr Bunting states in his affidavit that after the service of banning notices upon

the defendant by Mr Twigg, the defendant “temporarily removed himself and

his vehicle” but subsequently returned. Mr Bunting’s evidence is that the

defendant then attached a tarpaulin to the side of his vehicle. The vehicle is

“festooned with large printed signs/stickers”. The vehicle and tarpaulin are

evidenced by photographs annexed to Mr Bunting’s affidavit.