Kenneth O'Connell lives in a $1million house in Miranda with swaying palm trees, a classic wrought-iron fireplace and his own vegetable patch.
He was sleeping in the bush next door but last October discovered the house was abandoned and decided to move in.
The only problem is that Sutherland Shire Council bought the property in December 2001 and planned to demolish it six months ago to make way for 2000 square metres of parkland.
But the man they have referred to as an "aggressive squatter" stood in their way.
The 39-year-old former electrician says he has a right to live in the house under the laws of vacant possession; the council has taken him to the equity division of the NSW Supreme Court to evict him.
Representing himself yesterday, Mr O'Connell referred to legal definitions of "vacant possession" he found on the internet, including that found in Butterworths Australian Legal Dictionary: "Where a person takes vacant possession of a property, the property is both unoccupied and free from any claim to a right to possession from anyone else."
Acting Justice Daryl Davies told the court it did not apply to this situation and there was no Australian law which entitled Mr O'Connell to obtain an interest in the property simply by taking factual possession of it.
But Mr O'Connell pushed on. "I was hoping you would have a book with that law in it, your honour," he said yesterday.
"I have all the books with my trade in it; I thought you would have the books with your trade
in it."
Mr O'Connell told the court the property was left abandoned with metre-high grass and barrels of flammable liquids littering the yard.
He cleaned it up, had the phone connected and built a system of pipes so that he could have a shower without paying water bills.
Five months later, council representatives arrived at the door. Mr O'Connell told them: "I'm in occupation here now. Now get off my property."
Acting Justice Davies ordered Mr O'Connell to vacate the premises at 196 Port Hacking Road, Miranda, by 5pm next Friday.
"Friday the 13th, well that's appropriate," he replied, indicating he would appeal.
"I cannot leave, your honour; I have nowhere else to live."
Mr O'Connell has planted trees, grown vegetables and kept a chicken at the property since moving in. Making stew from his own produce back at the house yesterday afternoon, he said that if he gave the property back the council would just turn it into the mess it was in when he found it.
"I've never lived in a place as good as this, even when I paid rent. It's my kingdom and they are going to take it off me."
http://www.smh.com.au/articles/2003/06/05/1054700342156.html
