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Case Analysis
I. Read the judgment of Sackar J in Coles Group Property Developments Ltd v Stankovic [2016] NSWSC 852 and:
a) outline the material facts of the case;
b) identify the relevant legal issue/s raised; and
c) explain the process of reasoning adopted by Sackar J and the conclusions that he reached.
II. Suppose that Mr Stankovic had only ever remained in the Coles car park between the hours of 7am and 11pm, that he had never remained for a continuous period of longer than two hours, and that he had never been issued with any kind of notice to cease trespassing.
Do you think the outcome of the appeal would have been different if:
a. the complaints detailed at [33] were nevertheless made out against Mr Stankovic; or
b. the only complaint made out against Mr Stankovic was that he told people that Mr Bunting ‘had breached the protocol regarding the treatment of homeless people'?
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