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KYOGLE POLICE Convicted of Trespass
No Warrant and No Probable Cause
Supreme Court of New South Wales Ruling – Justice Wright
Sanchi Romani v State of New South Wales
07 Feb 2023
Please see outline of this on:
https://constitutionwatch.com.au/nsw-police-guilty-of-trespass/
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This discussion was modified 2 years, 4 months ago by
SE.Webmaster. Reason: Fixed link
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This discussion was modified 2 years, 4 months ago by
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6 Replies
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Fantastic!
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Excellent thanks for sharing.
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👍
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This case highlights that one must be adequately prepared to go to court. In any interaction with Police you should strive to make sure you record it or it becomes your word against theirs and this is what happened in this case. Also if you wanted to you could establish an agreement with the wo/men who have committed the tort via a three step Notice with affidavit and fee schedule, so that an agreement is already in place as to damages before you set foot in court .The claimants issued a summons and the Judge said that there should have been a Statement of Claim to commence proceedings, which had not been completed by the Claimants. He also ruled that the State could stand instead of the police who committed the tort and as this was not challenged it stood. it was also pointed out by the judge that aggravated and exemplary damages were not expressly claimed (presumably this needed to be done in a Statement of Claim). Also the trespass signs provided on this forum are the most well worded trespass signs I have seen and I would highly recommend that anyone who wants his property to be secured, to use the signs and lock their gates. As always it is entirely your choice as to what you do and I am not telling anyone what to do, these are just steps I have taken and I am very happy I have done so.
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Some great info and cases to use. I was talking with a mate today about No Trespass signs and he was saying he would ask for a warrant and refuse entry, rather than put signs up.This shows why its a good idea. I’m sharing it. Thanks for that.
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This reply was modified 2 years, 4 months ago by Ant_made.
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If some one enters your property when the gates are locked and you have a well worded trespass sign, their passing of the sign means that they have agreed to the terms and conditions on the sign, the same as when you park inside a supermarket carpark, you have immediately agreed to terms and conditions on any signs they are displaying.
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This reply was modified 2 years, 4 months ago by