Tell her she’s dreaming, court rules on Badgerys Creek case

Like The Castle’s Darryl Kerrigan, Lorraine Watkins went to the High Court — but there was no fairytale ending.

Lorraine Watkins at her Badgerys Creek home with her horse Dancer, and in the background, son David and cattle dog Lightning. Picture: Britta Campion

When the federal government took Lorraine Watkins to court seeking to evict her from her Badgerys Creek home to make way for the western Sydney airport, she determined to fight it as hard as she could to stay in her castle.

Like Darryl Kerrigan, the optimistic battler hero of the 1997 ­Australian film The Castle, Ms Watkins went to the High Court. Unlike Kerrigan, she was a tenant, not a landowner — and now the court has told her she’s dreaming.

“A lot of people have thought me crazy for being involved in all this legal stuff, but I’ve had no choice,” Ms Watkins said. “I have always known I have to move. I’m just disappointed in the system for not allowing me more time to move without having to worry about warrants and sheriffs.”

The sheriffs won’t be far away after High Court judge Geoffrey Nettle on Friday refused Ms ­Watkins’ application for a stay, nine years after she moved into the 2.2ha (five-acre) property owned by the commonwealth.

Her tenancy agreement included a provision allowing the government to reclaim the land if necessary for the airport development, but Ms Watkins has sought to remain on the property until she can find a new home for herself and her adult son David, who is ­severely disabled, as well as the family’s dogs and horses.

The animals play a large role in David’s therapy and locating a similar property within reach of medical services and family ­support has so far proven difficult.

Ms Watkins’ lawyer was no suburban solicitor like The Castle’s Dennis Denuto, but barrister and former parliamentarian Peter King. “The vibes of the Constitution rattled for two years in favour of the Badgerys Creek tenants, but the courts are unable to assist ­further,” Mr King told The Australian yesterday.

“They had breached no lease. Most had paid their rent up to date or into escrow accounts. The practical problem that Lorraine and others face is they are all seeking alternative premises at the same time in a very restricted market.”

After a lifetime watching the saga of whether or not the airport would be built, Ms Watkins questions the urgency of her eviction.

“I’m a single mother and full-time carer for my disabled son who is 32 years old,” she said. “If I’ve got to move I want to see a goddamned airport here, (but) I have watched this my whole life as a political football.”

The Department of Infrastructure and Regional Development said Ms Watkins and other tenants renting at Badgerys Creek had been notified more than 2½ years ago of the requirement to ­vacate.

“The commonwealth has maintained its responsibilities as landowner throughout this time and addressed all matters brought to its attention,” a spokesman said.

The Turnbull government announced in May it would build the Badgerys Creek airport following a refusal by Sydney Airport. Earthworks are due to start by the end of next year, with plans for the airport to be operational by 2026.

A Federal Circuit Court judge who first heard the case said although Ms Watkins’ circumstances “evoke a good deal of sympathy, they do not impact upon the Commonwealth’s right to ­vacant possession of its property”.