Australia, May 22 -- New South Wales Land and Environment Court issued text of the following judgement on April 22:

1. These proceedings are brought in the Possession List of the Supreme Court of New South Wales. The Plaintiff is the State of New South Wales which, as registered proprietor of two parcels of land located near Lennox Head, seeks orders for possession and ancillary relief. The first parcel of land is Lot 7003/106584. The second parcel is Lot 7004/96435 (together the "Land"). The Land is adjacent to part of a long stretch of Seven Mile Beach.

2. The orders are sought in circumstances where the Defendant has taken up a degree of occupation of part of the Land and declined a number of requests that he leave. There is no dispute that he is occupying the Land without the consent of the Plaintiff, although he denies that he is a trespasser.

3. Since at least early 2021 a number of structures have been built or brought to the Land including steel and timber buildings, steel and glass buildings, a shipping container, wooden structures, a wooden bathroom, tents, and vehicles. A sign has been erected, which is a fairly substantial sign (professionally written), containing the following text:

4. There are possibly other people in occupation in addition to the Defendant. The Plaintiff does not consent to the occupation and has communicated that to the Defendant on a number of occasions, including on 23 May 2023, 4 July 2023, 13 February 2024, and 17 April 2024.

5. The proceedings were commenced when the Plaintiff filed a Statement of Claim on 9 February 2024. The Statement of Claim was amended on 8 October 2025. By the Amended Statement of Claim the Plaintiff seeks the following relief:

"1 Pursuant to s 92 of the Civil Procedure Act 2005 (NSW), judgment for the Plaintiff for possession of the land comprised folio identifier 7003/1065854 and folio identifier 7004/96435 being the land situate at and known as "Seven Mile Beach" in Lennox Head (Property).

1A Order that the occupier. Luke Daniel Simpson. and any other persons in occupation of, or present on the Property in contravention of s 9.2 or s 9.6 of the Crown Lands Management Act 2016 (NSW) give vacant possession to the Plaintiff within 28 days.

1B Pursuant to rule 39.1(1)(d) of the Uniform Civil Procedure Rules 2005, order that the Plaintiff have leave to issue a writ of possession forthwith.

3) The Defendant and any other Defendants pay the Plaintiffs costs of the proceedings.

4) Any other orders the Court sees fit to make."

6. The Defendant named in the Statement of Claim is "Luke Daniel William Simpson". I will refer to the Defendant as the Defendant. In an Affidavit affirmed on 23 September 2024, Jade Matthews, solicitor, carried out personal service of the Statement of Claim on the Defendant on 13 February 2024. In accordance with Uniform Civil Procedure Rules 2005 (NSW) r 6.9(1), on 14 March 2024 the Defendant filed an appearance in which he states

"Jaabarun [Luke Simpson] [Defendant] appears".

7. UCPR 14.3(1) provides:

14.3 Defence

Subject to these rules, the time limited for a Defendant to file a defence is 28 days after service on the Defendant of the statement of claim or such other time as the court directs for the filing of a defence.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/1969ef1398815648aefcff14)

Disclaimer: Curated by HT Syndication.