NSW Trespass

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Rod

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And the key argument supporting me not being occupier?
Being a 'mere occupier' is the issue, rather than an occupier with rights of possession.

So in your situation, son living at home with parents, you are all occupiers, but with different rights:
Parents = Occupiers with right of exclusive possession
Son = Occupier with licence to live at the property

There are different rights afforded to a mere occupier (think licensee) versus an occupier who has rights of possession. It is the occupier with exclusive possession who has the right to sue for trespass. An occupier who merely has a license (such as boarder, or son and daughter living with parents and parents have ownership of the land) has no right to sue for trespass. Now re-read the case again looking at the section headed Right to Sue

Keep in mind rights can be transferred at various times, such as if parents go overseas for say 8 weeks leaving control of the property to their son.
 
Last edited:

Jaywoo220

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11 November 2019
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Question:

What if there were three plaintiffs - mother, father, son

Instead of one - son.

Does that solve the issue of exclusive posession?
 

Rod

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Jaywoo220

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Still think the case is a dodgy interpretation of law though. I live at the premises, I am left the property, I have right / permission to tell people to get off property. Thanks for the insight, you have been really helpful.
 

Rod

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At a personal level I don't disagree with you.

I think occupiers with a right to stay/live at a property should have some right (qualified in some way) to trespass. Having said that, I can see issues in rooming houses, aged care and share houses where one occupier objects to another occupiers friend and tells them to leave. There can also be issues where one sibling has a dislike of another sibling's friend. Should trespass apply in these situations? How do you write a law that covers the many exceptions that apply in real life? The law is often a very blunt instrument and is more akin to a large hammer than a surgeon's knife.