Updated April 13, 2016 19:16:40

Badgerys Creek resident Debra Duncombe>> Photo: Badgerys Creek resident Debra Duncombe has lived in the area for 23 years and was part of the action against eviction last year. (ABC News: Mohamed Taha)

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A group of Badgerys Creek residents due to move out today to make way for Sydney's second airport have been given an 11th hour reprieve after a successful appeal.

In July last year, the residents' barrister Peter King pursued two separate actions in the Federal Circuit Court, arguing the termination notices issued to residents were "harsh and unconstitutional" and that some of his clients had been dealt with under incorrect laws.

In December, after a lengthy hearing, the Federal Circuit Court ruled Commonwealth tenants in Badgerys Creek had to vacate their premises by February 9 2016.

Some residents, who lived in their homes for about 20 years, were ordered to vacate their homes last month.

However in January this year, the group of residents appealed the decision in the Full Court of the Federal Court.

Today, the court granted a stay of proceedings which halts the legal process of the Federal Circuit Court, finding the residents had an arguable case and allowed them to remain in their homes.

Mr King, who represented the 40 residents, said it was a small win for his clients who were struggling with the uncertainty of their future.

"It's been an off-again, on-again process that's led to the confusion and uncertainty for long-term residents of the area, some of whom are facing personal and other difficulties," he said.

"These are made worse that indecision and problems with the Government's arrangements.

"These people have got genuine grievances, that's been recognised in the process that's occurred to date."

The site for Sydney's second airport was announced by the then prime minister Tony Abbott in April 2014.

'No need to dispossess people'

Mr King said government decision-making had left many residents in limbo.

"There was no need to dispossess people, as I say, [who have been] working the land productively for up to 30 years with small farms," he said.

"In circumstances where all that had happened was the Government issued a press release saying that they were going to go ahead with the airport, in fact they've actually done nothing about it."

Mr King said the decision would become a precedent for future Commonwealth land cases.

"It will be a landmark decision in relation to Commonwealth tenancies to decide whether or not the proper approach is being adopted by the Commonwealth in this case," he said.

The appeal case is expected to be determined in April.

Topics: urban-development-and-planning, courts-and-trials, badgerys-creek-2171

First posted February 09, 2016 18:22:18


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Source : http://www.abc.net.au/news/2016-02-09/badgerys-creek-residents-win-eviction-appeal-to-stay-in-homes/7153368

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