Thursday, Nov 01, 2007 at 13:12
Ok here is the go with the Trespass
here's the link:
http://sblegal.industry.gov.au/legalareawhatisit.asp?legalareaid=116
here is what said:
Legal Issues Guide for Small Business
Legal Topic: Liability
Legal Area: Trespass
Trespass is committed if a person unlawfully and without consent, enters or stays, or throws or leaves something, on a person's land.
The person entitled to take the action is usually the occupier of the property. Although this is usually the owner if the property was leased, the person entitled to take the action would be the tenant.
Trespass may also be committed if there are intrusions in the airspace above the land or into the earth below.
The remedies are usually damages and/or an injunction.
BUT, BUT, BUT YOUR HONOUR!!!!!!
http://sblegal.industry.gov.au/legalareawhatisit.asp?legalareaid=116
Legal Issues Guide for Small Business
Legal Topic: Liability
Legal Area: Trespass
Relevant Legal Issue: Damages
In an action for trespass, damages may be awarded simply to compensate the party bringing the action for trespass (the plaintiff) for the infringement on their rights.
Alternatively, where the trespass is to property or a person and loss and damage or injury is caused as a result of the trespass, a court may order that damages be paid not only to compensate the plaintiff for the infringement on their rights, but also to compensate them for the damage to property or injury to persons suffered. The types of damages which may be claimed are the same as under the general law of negligence ( See Damages for tort (negligence, negligent misstatement, nuisance, trespass, occupiers liability defective goods and defamation) ).
http://sblegal.industry.gov.au/search.asp
So correct me if I am wrong, if you trespass you are liable for damages, unless your property was damaged by unlawful trespass you can claim compesation for damages to people and property, as-
well as being fined, also to if the person Hasn't advised of private property and advised that he has laid Vehicle traps which unless you have a permit or written autority for someone then that person who laid them has and can be prosecuted with the full force of the law for breaching negligence laws and such making a area that is in a remote part of the Australian outback liable for any injury or death suffered by premeditated actions which then translate into pre-meditated murder if somebody died due to his negligence of laying traps and not advising of the said traps?????
Also to if you set traps for people or vehicles you are illegally hunting? Also to if he has set traps for vehicles and animals are also in the same area he is then liable for any and every native Protected species that injure them selves on his trap and hence should be charge with willful neglect of native flora and fuana, pre-meditated murder which brings a life sentence, wilful destruction of property, failing to seek proper permits, failing to advise to the best of his intentions to discourage people from entering private property, attempted manslaughter, building a device to cause grevious bodily harm, wilful damage to property, negligence occasioning injury and/or death, littering and my favoruite, grevious bodily harm occasioning DEATH??????
Now if any of you out there are silictors please correct me if I am wrong???
Lets see if this is the case, i would love to know, because i for one would love to talk to this chappie regarding this grosse neglect of australia and its land!!!!
Off my soap box again....
Damn someone smash it up!!!!
I am no Lawyer or soliciter or barrister!!!
But I am calling how i see it???
AnswerID:
269530