NSW Trespass

[Atticus]

Get the dude charged, even if have to
due it myself.

If by that you mean you're going to prosecute him yourself, your first step is going to be to have a court registrar approve a CAN .... Bear in mind that if you fail, you may well be up for their legal costs... Also, depending on the circumstances & their history, if convicted the punishment may be not much more than a fairly small fine & a warning.

Sue him for infringement onmy rights to hold him accoutable.

On an accusation of trespass? With no damage... May not even be worth your time

 

[Jaywoo220]

Plenty vs Dillion

 

[Atticus]

Not familiar with that, but you'll likely need a lot more than just a precedent (if that is what you are claiming that case sets)

 

[Jaywoo220]

Yeah just three witnesses and video footage of him threatening to kill me.

 

[Rod]

b) yes

Changed my opinion. While you are an occupier, it appears you will not have sufficient property rights to have standing for the tort of trespass to land.

What you likely have is tort of assault.

 

[Jaywoo220]

Any case law on that rod?

 

[Jaywoo220]

Rod, my parents were there at the time. I believe i have occupier status at common law. Reasons against?

Question is there any way you can get an extension on the 6 month time limit for prosecution for section 4(b)1 Aggravated unlawful entry of Enclosed Lands Protection Act?

 

[Jaywoo220]

In regards to extension question above, what if it is in addition to a indictable offence also laid at the same time? Does that change things?

 

[Rod]

Read Shannon v State of New South Wales [2015] NSWDC 69 (1 May 2015)

 

[Jaywoo220]

Read Shannon v State of New South Wales [2015] NSWDC 69 (1 May 2015)

And the key arguement supporting me not being occupier? What am I missing?

I feel this supports it, although I do note the nominal damages.

Cheers for the insight though as interesting and relevant case.