Pine St squatters, Lismore, Mullmumbimby, ordered to vacate government buyback homes

After a dramatic standoff lasting several months, squatters occupying flood impacted government buyback homes in the Northern Rivers have been given their marching orders.

Chelsea Hood Withey is occupying a house in Mullumbimby, NSW that was purchased by the Reconstruction Authority (RA) for $1million. Despite being structurally sound and livable Withey has had meetings with the RA to offer a lease to buy program as she is unable to find suitable accommodation in the region due to the ongoing housing crisis. Picture: Elise Derwin

The NSW Supreme Court has ruled in favour of the NSW Reconstruction Authority to give squatters living in flood buyback homes in Lismore and Mullumbimby their marching orders after a dramatic standoff which lasted several months.

The decision follows a conflict between squatters and the NSW state government, where people occupying the ‘livable’ Northern Rivers homes attempted to to save the dwellings from demolition after they were bought by the government under the resilient homes program following the 2022 floods.

The court case, presided over by Justice Tim Faulker, saw the NSW Reconstruction Authority vie for possession of the properties occupied by those without legal rights to stay there.

The ruling specifically targeted several properties, including addresses on Stuart St in Mullumbimby and multiple locations on Pine St and Lake St in North Lismore.

The court’s decision mandates that the properties be returned to the authority – allowing them to proceed with their plans for the land.

A previous Reclaim Our Recovery protest in May 2024, when Lismore squatters prepared for police and NSW RA eviction. Picture: Facebook

The court struck out defendant Mani Picano’s case, granting the authority the right to issue a writ of possession – a legal order to enforce the removal of occupants.

Another defendant, Chelsea Hood Withey, was similarly ordered to relinquish possession of a property on Stuart St in Mullumbimby.

Chels Hood Withey is occupying a house in Mullumbimby, NSW that was purchased by the Reconstruction Authority (RA) for $1 million as part of the buyback scheme to get people out of high risk flood areas. The house was not flooded in the 2022 catastrophic floods and despite being structurally sound, is up for demolition in the near future. Picture: Elise Derwin

“It’s a very sad day,” Hood Withey said.

“It is a great shame the NSW Government has abandoned their commitment to end homelessness by creating more through the Supreme Court.”

Picano was ordered to vacate several properties, including those on Pine St and Lake St.

Hood Withey, a self proclaimed housing advocate, said evicting those with nowhere else to go only to demolish homes afterwards should “be a crime” and Monday’s outcome “proved courts favour property, not people”.

Chels Hood Withey is occupying a house in Mullumbimby, NSW that was purchased by the Reconstruction Authority (RA) for $1million as part of the buyback scheme. The house was not flooded in the 2022 catastrophic floods and despite being structurally sound, is up for demolition in the near future. Picture: Elise Derwin

“We were silenced from making a proper defence because the NSW RA served a motion coming for costs,” Hood Withey said.

“While we consented to the orders, we absolutely do not support the NSW RA’s plan to re-board up and demolish perfectly liveable homes - especially the house in Mullum that didn’t even flood in 2022.”

Hood Withey also disputed the NSW RA’s claim that homes, including hers in Mullumbimby, required urgent demolition due to Cyclone Alfred damage.

“We call on the NSW RA to stop this senseless destruction of public housing during Australia’s worst housing crisis and ensure every flood affected resident is supported,” Hood Withey added.

A flooded buyback house from Lismore, 19 February 2023.

A spokesman for the NSW Reconstruction Authority (RA) said the agency welcomed the judgment in the Supreme Court.

“These homes were bought back by the government because they pose a serious and ongoing risk to human life,” he said.

The RA will continue working through the courts and with the police to resolve this issue.

“We will now seek to obtain a writ of possession from the court to enforce the judgement.”

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