Carolyn Reynolds granted stay on eviction pending appeal after alleging judge ‘nearly killed me’
‘WE don’t need to go there today Ms Reynolds, if we ever do — what happens on the rugby field stays on the rugby field.’
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ROCK Centre owner Carolyn Reynolds will not have to hand over the keys to her Doctors Gully climbing gym before a pending appeal is heard in October, the Supreme Court has ruled.
Late last month Local Court judge Alan Woodcock found in favour of the Darwin council after it took legal action to evict her from the premises following a dispute over the lease.
Ms Reynolds was initially given until last Monday to vacate the property but Justice Peter Barr granted her a stay on the eviction until the appeal of that decision is heard on October 9.
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Ms Reynolds said Mr Woodcock’s ruling was handed down “only two days after it was acknowledged there was a new Labor government” and she was unable to find a lawyer willing to represent her because “they’re finding it too corrupt”.
“They’ve said it’s too complex a matter, they don’t understand it themselves,” she said.
“People in this town are scared of the corruption, they’re scared of the dishonesty, they’re scared of the barraging and I’m probably one of the few people who’s got the courage to stand up and say ‘Enough — no way’.”
Ms Reynolds told Justice Barr she had asked Mr Woodcock to recuse himself from the initial hearing after “he nearly killed me” but had been knocked back by Chief Judge Elizabeth Morris.
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“I had pleaded and pleaded with (judge) Woodcock to close the court so I could explain why he needed to recuse himself on that day, your honour, and that caused me to get so upset that I nearly died with hypertensive encephalopathy because he would not let me leave,” she said.
“He also used to play rugby with my ex-husband, your honour and there were too many personal issues there.”
But Justice Barr said Ms Morris “wouldn’t be able to do that” due to the principle of judicial independence.
“We don’t need to go there today Ms Reynolds, if we ever do — what happens on the rugby field stays on the rugby field,” he said.
“The Chief Judge can’t replace the trial judge because otherwise anybody could go to the Chief Judge and say ‘I don’t like the judge, I want him or her replaced’.”
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Justice Barr asked Ms Reynolds to outline the specific parts of Mr Woodcock’s judgment or the trial transcript she relied on for her claims before the matter returned to court next month.
The City of Darwin opposed the stay application but in the absence of “an immediate or urgent requirement for the property”, Justice Barr ruled it was appropriate to hold off until the appeal was heard.