Badgerys Creek residents lose court battle over airport

A GROUP of western Sydney residents has lost a legal bid to be allowed to stay on land earmarked for the city’s second airport at Badgerys Creek. But they have 28 days to consider taking their case to the High Court.

One of the properties which will be taken out to make way for the Badgerys Creek airport.

A GROUP of western Sydney residents has lost a legal bid to be allowed to stay on land earmarked for the city’s second airport at Badgerys Creek.

The Federal Court today dismissed appeals by more than a dozen tenants — many of them long-term tenants — who were seeking to stop the Commonwealth taking possession of their leased properties.

However, the residents were granted a 28-day reprieve by the court, to allow them to consider whether to take their case to the High Court.

Resident Kim Jelfs has lived in her Badgerys Creek home for 27 years and said she was “very pleased” at the outcome.

“We’re grateful that the court has given us some time to reflect on the details (and) whether we can consider to take the matter further into the higher courts,” she said.

Sixteen of the 17 appeals that were lodged were fully dismissed.

Long-term Badgerys Creek resident Maurice Findlay’s appeal was partially allowed, with the Federal Court ordering that his compensation claim be sent back to the Federal Circuit Court.

However, the court heard that Mr Findlay, a double amputee in his 80s, had died.

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The Commonwealth’s barrister argued the residents should be given 14 days instead of 28 days to apply for any appeal.

“(The Commonwealth) is obviously concerned about the amount of time it’s taking to achieve its objectives, but at the same time it’s sensitive to the appellants,” barrister Justin Doyle told the court.

However, Justice John Griffiths rejected Mr Doyle’s bid.

“It seems to me that 28 days in the scheme of things is not an unreasonable period of time,” he said.

The Western Sydney Airport is scheduled to open in the mid-2020s.