State vs. First Nations man: Jaabarun Nyangbul’s occupation of Seven Mile Beach, Lennox Head
A beachside encampment at Seven Mile Beach will be affected by a NSW Supreme Court ruling on possession brought by the state against a local Indigenous man.
NSW
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A beachside encampment at Seven Mile Beach will be affected by a Supreme Court of NSW ruling on possession brought by the state against a local Indigenous man.
The Crown land beachfront location, has become increasingly popular for free campers in a climate of homelessness exacerbated by the 2022 floods in nearby Lismore.
The plaintiff, the State of New South Wales, told the court they were keen on finalising the matter to deter other people joining the encampment and it becoming even larger.
The state made a statement of claim against Jaabarun Nyangbul (Luke Daniel William Simpson), for possession of the two parcels of land which constitute Seven Mile Beach.
On Tuesday in the Supreme Court of NSW, Mr Nyangbul made an impassioned speech that the land was never ceded and the courts were “a fraudulent system”.
Ms Olivia Yeatman, solicitor for the plaintiff, argued that the “absence of a treaty” did not constitute a defence over possession of the Crown land.
“What has occurred in the state’s submission is classic trespass,” she said.
Justice Tim Faulkner acknowledged the complexities of the different courts and land rights and told the defendant that he “can only administer state law”.
He ordered that Mr Nyangbul give possession of Seven Mile Beach to the State of New South Wales and to pay the state’s costs.
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Originally published as State vs. First Nations man: Jaabarun Nyangbul’s occupation of Seven Mile Beach, Lennox Head