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Permalink Reply by Colin J Ely on November 11, 2011 at 6:42pm

Ian Do you have a link or copy of the court judgement on this?

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Permalink Reply by Leon Pittard on November 12, 2011 at 6:55am

To my knowledge there is no text link to this outcome. You can here the outcome on the interview.

Colin J Ely said:

Ian Do you have a link or copy of the court judgement on this?

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Permalink Reply by Leon Pittard on November 12, 2011 at 6:57am

To my knowledge. If a gate is locked and a No trespass sign is posted, no one has right of entry unless invited. More documented evidence on this is appreciated.

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Permalink Reply by Leon Pittard on November 12, 2011 at 12:44pm

Admittance by written invitation only,

to all persons and entities,

or trespass applies.

 

HCA/ 91

 

 

If this High Court precedence sign were placed upon the gate of every entrance to everyone's property, there would be better legal opportunity for direct prosecution of unwanted trespassing identities. The Court case was Plenty verses Dillon and it occurred in 1991 and resulted in the fine of $180.00 to the offending police officer when he refused to leave a farmer's property, after the farmer (with a witness on hand) ordered the officer off his farm, - 3 times. (The legal number of times required)

 

Get them made up and utilize this high court precedence straight away when trespass occurs.

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Permalink Reply by Colin J Ely on November 12, 2011 at 3:11pm

Well the big question is why would you want to stop someone legitimately coming onto your property in the first place. As i understand things, there is a common law right to proceed from the boundary to the front door by the most expeditious route, or perhaps in rural Australia,that would be to the back door? ;-)

If someone comes and tries to sell you raffle tickets or get you to switch electricity suppliers, you can, if you are not interested, tell them to 'bugger off!' Presumably the property concerned is connected to the electricity grid, therefore their meter reader is allowed to come and read the meter, the same with gas and water? If you have a letter box and you get a registered letter that has to be signed for, or a parcel that is too big to fit in your letter box, the postie has every legal right to come to your door.

In the particular case, and sorry I refuse to waste my internet credit on listeneing to cretins like Sue Maynes, why did a police officer come to the property? If they are investigating a crime, how elese would they either confirm or deny your involvement without speaking to you? I suppose they could always arrange to have a representative of the Royal Mail (and lets see you stop the in the execution of their appointed duties) hand deliver to you a gilt edged invitation to come to the station. If for instance you have a firearms licence, they have a right, agreed to by you as a condition of your licence, to come at a reasonable hour and inspect your firearm storage. Don't be too put out, every three years when I renew my firearms licence I have to tell them every time that I do not own, nor do I store any firearms, of any classification, on my property!

A little whisper in your shell like little ear, the Brigalow Corporation is just a State Government Corporation, like many others such as the old State Electricity Commission and the Gas & Fuel Corporation, it is not a secret organisation backed by the Illuminati, the Rothschilds or the NWO, also the person who tried to get Julia Gillard tried for treason rightly had the case thrown out of court and was declared a vexatious litigant. We have enough legitimate beefs with this government, we don't need to waste time on furphy's!

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Permalink Reply by DAN YOUNG on November 12, 2011 at 10:12pm

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Permalink Reply by Colin J Ely on November 14, 2011 at 1:01pm

I have just read the transcript of the case, very interesting. If you lock your gates and deny access to an electricity meter reader, can the company legally withdraw your electricity supply because you deny them access to read the meter, which as I understand things, remains the property of the electricity company. I suppose your electricity would very quickly be cut off if you don't pay your bill? Does anyone know the outcome of the situation that started this matter? Did the Judge concerned issue a warrant for the daughter's arrest? Did the case proceed in the absence of the child and her parents?

What about the move to bring Julia Gillard to court to answer a charge of Treason, how are you going to get into The Lodge to serve the notice?

How about if you have a firearms licence, I would have thought that permission to enter the property was implicit in the granting of the licence? If you refuse permission to come on your property at a reasonable time to inspect your storage, can you licence be revoked? Could not then a warrant for your arrest be issued as an unlicenced holder of firearms?

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Permalink Reply by Damien Rogers on November 14, 2011 at 9:15pm

The question everyone in Australia should be asking is, What happened to our rights?

It was reported last week that NSW is about to get rid of another common law right call "Double jeopardy", which is the right to not be tried for the same crime twice.

Currently 3 other states have already legislated it away.

So how is it that rights that were untouchable by Parliamentary law for hundreds of years are suddenly no longer rights (without a referendum?)

A right is not a right if it can be legislated away by any parliament, or even a local council? That is called a privilege. They are two very different things.

Our system of Government has been undermined, that is more than obvious. 

 

 

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Permalink Reply by Martin Essenberg on November 17, 2011 at 6:43pm

If the electricity reader cannot get into your place they will send you a notice to say why they couldn't enter and you will get an estimated bill for usage. This happened when I put an electric fence across my ''no through road'' during the drought. The fence had a gate but the electricity reader didn't want to take the risk.

 

Dillon v Plenty theoretically allows you to refuse access to any-one however its only if you get to court do you find out if it works. Even if you are right it could be costly.

 

I have the following at my unlocked front gate. It specifically allows Ergon people as I like having electricity and they always turn up promptly when there is a power problem

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Permalink Reply by Colin J Ely on November 17, 2011 at 7:25pm

Martin

If the meter reader cannot gain entry and does an estimated reading, you could find that your actual bill of $35.00 becomes an estimated bill of $350.00. If you then don't pay your (excessive)bill, can they then cut off your supply? It was interesting reading the whole judgement. Whilst it affirmed that the police cannot enter a locked property to serve a summons, unlike a warrant for your arrest, it also stated that their is no prima facie right for you to have been served a notice to answer a charge. The magistrate can proceed in your absence, so it would be a bit hard to defend a matter against you if you are not there.

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Permalink Reply by Martin Essenberg on November 19, 2011 at 7:03pm

The bill was based on my last bill for the period the previous year. It was more expensive than the year earlier

Next quarter they read the meter and the next bill was lower than expected. So I had no problem with the ergon actions

 

As to courts- they do some bodgy things. I was notified that my case was due for mention on a particular date

When I got there the Judge (Robertson QC) made me get on with the case despite the prosecution having failed to do any of the court procedures. 

Colin J Ely said:

Martin

If the meter reader cannot gain entry and does an estimated reading, you could find that your actual bill of $35.00 becomes an estimated bill of $350.00. If you then don't pay your (excessive)bill, can they then cut off your supply? It was interesting reading the whole judgement. Whilst it affirmed that the police cannot enter a locked property to serve a summons, unlike a warrant for your arrest, it also stated that their is no prima facie right for you to have been served a notice to answer a charge. The magistrate can proceed in your absence, so it would be a bit hard to defend a matter against you if you are not there.

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