Rough sleepers north of Brisbane celebrated a rare win on Friday, after a judge ordered Moreton Bay Council to stop clearing tents from a public park.

Lawyers representing Basic Rights Queensland (BRQ) and homelessness charity Northwest Community Group applied for an injunction ahead of a hearing in November which is set to determine if the council acted lawfully in evicting a homeless encampment.

Rangers and Queensland police officers carrying out the eviction in the Moreton Bay’s Eddie Hyland Park in April used excavators to destroy shelters and remove belongings as residents watched on.

It followed a decision by the council in March to make all camping on public land illegal and punishable with fines of up to $8000.

Several of the residents who had been living at the Lawnton park fled to another encampment a short-distance away in Kallangur.

BRQ sought the injunction on behalf of 11 Kallangur camp residents after concerns were raised that council was planning to issue compliance notices and remove tents, despite ongoing legal proceedings challenging the lawfulness of such action.

Lawyers representing council argued that notices would not be enforced, and said an injunction should not be granted as it was speculative and based on fear of action that might happen in the future.

Scott McLeod KC told the court the encampments posed considerable public health concerns, and said residents had been offered alternative accommodation.

But lawyers acting for the Kallangur residents said council had not offered any legal guarantees not to enforce notices, and said there was a real risk of homeless people being moved on.

Without an injunction, BRQ argued vulnerable people facing eviction will have nowhere else but another public place to go, and accused Moreton Bay Council for failing to consider the homeless community’s human rights.

The presiding judge, Justice Paul Smith, agreed that the applicants were at risk of losing their homes in the absence of an undertaking and found no evidence that council had properly considered their human rights before destroying encampments.

“In this particular case, there are a number of human rights relevant,” Smith said. “Insufficient consideration was given to those rights before the decision was made.

“Despite what was submitted by council, I have formed the view that without an undertaking or order, there is a risk that council will seize and destroy the applicants belongings, including shelters.

“If shelter was to be taken away, applicants would face many risks and be in serious harm as they would be exposed to the elements.”

Northwest Community Group founder Paul Slater celebrated the court’s decision and said they would continue to push for human rights to be upheld ahead of the November hearing.

“We will take every council to court if we have to … [it isn’t] right what’s been happening, and we’ve just had it verified by a court,” he said.

“We’re open to [talk with councils] because we just want to provide people with a safe place to live.”

City of Moreton Bay acting chief executive officer Matt Anderson said Friday’s court decision was “not a ruling about human rights or the ability for council to uphold its local laws”.

“Council will comply with the decision of the court, however it is disappointing to see people still sleeping rough when the court acknowledged factual discrepancies about other housing options that may be available to the applicants,” he said in a statement.

“As a community, we should all be working towards ending homelessness. Bringing this matter to court does nothing to resolve this issue.”

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