![]() |
[Home] [Databases] [World Law] [Multidatabase Search] [Help] [Feedback] [DONATE] | |||||||||
England and Wales Court of Appeal (Civil Division) Decisions |
||||||||||
PLEASE SUPPORT BAILII & FREE ACCESS TO LAW
To maintain its current level of service, BAILII urgently needs the support of its users.
Since you use the site, please consider making a donation to celebrate BAILII's 25 years of providing free access to law. No contribution is too small. If every visitor this month gives just £5, it will have a significant impact on BAILII's ability to continue providing this vital service.
Thank you for your support! | ||||||||||
You are here: BAILII >> Databases >> England and Wales Court of Appeal (Civil Division) Decisions >> Solon South West Housing Association Ltd. v James & Anor [2004] EWCA Civ 1847 (20 December 2004) URL: https://www.bailii.org/ew/cases/EWCA/Civ/2004/1847.html Cite as: [2004] 1 WLR 2363, [2004] WLR 2363, [2004] EWCA Civ 1847 |
[New search]
[Context]
[View without highlighting]
[Printable RTF version]
[Help]
IN THE COURT OF APPEAL (CIVIL DIVISION)
ON APPEAL FROM BRISTOL COUNTY COURT
(DISTRICT JUDGE BIRD)
Strand London, WC2 |
||
B e f o r e :
LORD JUSTICE MANCE
LORD JUSTICE CARNWATH
____________________
SOLON SOUTH WEST HOUSING ASSOCIATION LIMITED | Claimant/Respondent | |
-v- | ||
(1) LISA JAMES | ||
(2) ERAN JAMES | Defendants/Appellants |
____________________
Smith Bernal Wordwave Limited
190 Fleet Street, London EC4A 2AG
Tel No: 020 7404 1400 Fax No: 020 7831 8838
Official Shorthand Writers to the Court)
MR STEPHEN COTTLE (instructed by Messrs South West Law Ltd, Bristol BS2 0BH) appeared on behalf of the Appellants
MR JOHN SHARPLES (instructed by Messrs Bevan Brittan, Bristol BS1 4TT) appeared on behalf of the Respondent
____________________
Crown Copyright ©
"The tenant or a person residing in or visiting the dwelling house
(a) has been guilty of conduct causing or likely to cause a nuisance or annoyance to a person residing, visiting or otherwise engaging in a lawful activity in the locality, ..."
"13. Having considered the hearsay evidence, I now turn to the 'live' evidence. Some of the police officers who recorded the complaints of others gave oral evidence about their dealings with the defendants. PC Taylor records an incident on 17 June 2003 [179] when he said good morning to Lisa James and she replied 'what the fuck are you looking at, don't fucking look in my direction, you fucking wanker'. On 15 September 2003 he was present when Lisa James declined to sign the ABC contract on behalf of her children 'as they never did any fucking thing wrong'.
PC Roach verified his evidence about his visit to the defendants house and how shocked he was by their behaviour.
14. Richard Mallett, a community worker, said [226] that on 2 September 2003 he clearly say Marley James stabbing car tyres with a knife. When approached Marley shouted 'community links, come and get some'.
Anthony Wrafter said [248] on 3 September 2003 he was involved in an incident after the windscreen of his parked car was smashed. A bystander had told him that the perpetrator was a child from 30 Brighton Street. At about 11.30 pm he called at the property and saw persons identifiable as the defendants. Lisa James was aggressive and abusive and one of the children poked him in the stomach. Another male child put alighted cigarette in his face and a female child punched his girlfriend in the face breaking her glasses. While this was going on, Lisa James was at screaming pitch shouting 'fuck off my doorstep'. In cross-examination he denied that he was the worse for drink and stood by his evidence.
15. Finally, Pauline Clarke, the defendants' next door neighbour gave evidence. She said [246] that she had experienced countless problems with the defendants and gave a selection of incidents. In august 2003 her daughter was threatened with a knife by Kane, one of the James children. The defendants stood by and did nothing. On many other occasions Kane threatened her. She witnessed their 'blatant intimidation' of other residents including a Somalian family. She testified that many other resident are afraid to give evidence against the defendants. Cross-examined, and then re-examined, she repeated that she had had to stand between Eran James and a Somalian family when he was abusing and threatening them and saying 'go back to Africa'.
She said that she had recently seen the children on the roof of their own house and her house. She feared for what might happen as the weather became warmer."
"8. First, the hearsay evidence. PC Taylor, the Community Beat Manager for St Pauls, said the Somalian families had been subjected to incidents of race hate by the James family but did not want their identities revealed [178]. He said they had a real fear of what might happen to them if they gave evidence. He produced a statement of Jules Cook [186] identifying one of the defendants' children slashing tyres. He produced statements of police officers not called to give evidence such as PC Jones [198] who testify to the chaotic nature of the James household and the fact that the children seem to run uncontrolled. He concluded 'their [the children's] behaviour is disgusting and obstructive and I can only imagine the distress their constant antics must cause their neighbours and those living in the immediate area.'
9. PC Taylor produced a statement by PC Dello Gorin [200] who says he called at the house in connection with a 'domestic incident' in September 2003 who testified as to the unruly behaviour of the children and the lack of control exercised by the defendants. He testified as to the dogs at the property which barked a lot and which were allowed to defecate on the floor. A statement by PC Lloyd was produced [205] stating that in September 2003 one of the children (probably Clay) asked him of he was gay, and uttered obscene remarks in the street in the presence of Eran James who did nothing to control him.
PC Taylor then produced a log of incidents allegedly involving the defendants [208f and 208k et seq].
10. PC Roach said [213] that he was aware of the defendants from April 2003 as attracting allegations of public order offences, criminal damages, racial abuse and serious assault. The majority of complainants were unwilling to be identified. He interviewed a Somalian [214] who wished to remain anonymous who complained that Lisa James was always saying, 'fucking Somalian, go back to your own country' and that his children could not go outside for fear of being attacked by the James children. Another Somalian woman claimed to have experienced daily racial taunts from the defendants. Another witness claimed to have been struck by a pellet fired from the property.
11. PC Meakin said [221] that a nearby residence told him that he had seen one of the children from 30 Brighton Street smashing a car windows and slashing car tyres with a machete.
Marion Burrell, a worker for SARI (Support against Racial Incidents) said [244] that since 2003 SARI have been notified by nearby residence that they were being targeted by the James family. Incidents include verbal and racial abuse, fires being lit in front of their houses, and threats of violence. The main perpetrators were the children of 30 Brighton Street with the parents doing nothing to stop them. Witnesses were too afraid to give evidence.
Mr Gordon, the claimant's housing officer, said [240] that he had received complaints of harassment, intimidation, vandalism, and racially motivated abuse and attacks by the defendants and their family. Complainants were afraid to give evidence or be identified.
12. The documentary evidence shows a petition by neighbours complaining about barking dogs [118], a letter to the defendants about the dogs [120], a record of a complaint about the dogs [122], a nuisance log relating to dogs [126], a complaint about loud music [135], complaints of intimidation [136], records of complaints about violence, verbal abuse, shooting pellets, and 'beating up a Somalian man' [143], with various further complaints of a similar nature. There are also documents [165 et seq] dealing with the efforts of the claimant to secure an Acceptable Behaviour Contract from the defendants."
"(1) The learned judge failed to find whether the list of alleged incidents 208f and 208k et seq were established given the obvious lack of evidence.
(2) The learned judge failed to give reasons why given the contradictory evidence, (on the face of the Claimant's evidence), he found the allegations set out on pages 208f and 208k et seq of the bundle, nevertheless proved.
(3) The Learned Judge held against the Defendants matter which were not part of the claimant's claim nor part of the evidence - e.g. the beating up of a Somalian man.
(4) The learned judge mis-directed himself by not addressing whether there had been any improvement since last Autumn as the officers agreed that there had been. In particular the Learned Judge failed to consider the importance of the alleged incidents at 208f to whether or not there were no further incidents since the service of the S 8 notice, because if there were no further incidents as the Defendants contended, this was material to (a) whether or not the Defendants could control their children (b) whether or not if there had been a cessation of nuisance over 7 months it was right to say the community required protection and (c) whether or not to suspend the possession order; and (d) Article 8 rights (for both the neighbours and the Defendants) which the Learned Judge wrongly failed to address at all.
(5) The learned judge erred by leaving out of account the fact that SARI had checked with the complainants regularly since the Autumn and the records show that there were no further complaints since then; further the SARI evidence was collected with the assistance of an interpreter and the Judge wrongly treated the evidence of PC Roach as additional to the SARI evidence when it was the result of conversations with the same people interviewed by SARI but with no interpreter.
(6) The learned judge was wrong to hold that Mrs Clark saw the First Defendant abusing a Somalian family without commenting that the matter did not appear in Mrs Clark's statement, she could not say when it took place, there was no other mention of it in the evidence and the police accepted that Mr James was a quiet man.
(7) The learned Judge wrongly concluded that the family terrorised the neighbourhood without evidence to justify the conclusion and took into account irrelevant matters in reaching his decision, namely the flawed findings set out above and based his conclusion on hearsay evidence which he should have excluded.
(8) The learned judge erred in failing to recognise that admission of all - or all of that part of the hearsay where no adequate reason for non attendance at trial was advanced - was compatible with Article 6(1) of the ECHR. The Learned Judge applied the wrong test which was simply to rely on the hearsay where it was consistent with the live evidence never addressing what the consequence was for the Defendants of not being able to test the evidence against them.
(9) Further the Learned Judge's approach was wrong in law because he reduced the actual disadvantage of being cross-examined about matters which Mr and Mrs James could themselves not test by cross examination to merely being at risk of being placed at a considerable disadvantage; and his assessment that there was no risk because the hearsay was consistent with the live evidence did not address the unfairness instead it amounted in effect to a finding that there was no disadvantage if the hearsay (consistent with the live evidence) was taken into account.
(10) In approaching that finding the Learned District Judge also failed to apply the criteria in S 4 of the CEA 1995.
(11) Finally the District Judge erred in permitting the introduction of new allegations on unspecified dates by Mrs Clark which the Learned Judge then relied on."
"... it is unable to call many of its witnesses because they are afraid of the defendants and are unwilling even to be named."
"Nevertheless, certain principles concerning the notion of a 'fair hearing' in cases concerning civil rights and obligations emerge from the Court's case law. Most significantly for the present case, it is clear that the requirement of 'equality of arms,' in the sense of a 'fair balance' between the parties, applies in principle to such cases as well as to criminal cases.
The Court agrees with the Commission that as regards litigation involving opposing private interests, 'equality of arms' implies that each party must be afforded a reasonable opportunity to present his case - including his evidence - under conditions that do not place him at a substantial disadvantage vis-á-vis his opponent.
It is left to the national authorities to ensure in each individual case that the requirements of a 'fair hearing' are met."
"6. It is worth summarising Mr Cottle's skeleton argument on this point (without his authorities) since it ably encapsulates his case. He argues as follows-
1. Article 6(3)(d) ECHR applies to these proceedings.
2. The task is to assess whether proceedings in their entirety are fair; each side must be able to present its case under conditions that do not place it at a substantial disadvantage.
3. If the court finds that the defendants are being placed at a substantial disadvantage, it can take steps to remedy that disadvantage, namely to disregard otherwise [admissible] evidence.
4. If the court refrains from such steps the proceedings are unfair.
5. In the present case, being cross-examined about matters which they themselves cannot test by cross-examination places the defendants at a substantial disadvantage.
I do not disagree with any of the first 4 of those propositions and I certainly agree that the statute and case law as to hearsay evidence has to be viewed through the prism of the ECHR. As to proposition 5, I would substitute 'risks placing' for 'places'. I recognise that risk and it seems to me that I am in the position envisaged by the Court of Appeal in Leeds City Council v Harte [1999] CLYB 4069. This was a case in which all the evidence was hearsay. The judge at first instance cautioned himself as to the weight which it would be right to place on the hearsay evidence, and then made conclusions of fact adverse to the defendant. The Court of Appeal held that he was entitled so to do. Similar guidance was given in Canterbury CC v Lowe [2001] 1 L and TR 152.
7. In paras 9 to 15 of his skeleton Mr Sharples for the claimant sets out a list of European cases supporting his argument that hearsay evidence is admissible where there is a fear of intimidation provided the court is frequently reminds itself of the fact that it cannot be tested by cross-examination and has regard to the evidence as a whole, including, of course, the evidence of the defendants. I agree with this, and I would add that, notwithstanding Harte, I think that it is important to compare the hearsay evidence with the 'live' evidence and to adopt a more restrictive view of the hearsay evidence where it seems not to be consistent with the live evidence.
With that guidance to myself in mind, I now turn to the evidence."
"35. Having concluded that the proceedings in question are civil under domestic law and article 6, it follows that the machinery of the Civil Evidence Act 1995 and the Magistrates' Courts (Hearsay Evidence in Civil Proceedings) Rules 1999 allow the introduction of such evidence under the first part of section 1. The weight of such evidence might be limited. On the other hand, in its cumulative effect it could be cogent. It all depends on the particular facts. In my view the ruling of the Divisional Court, set out in paragraph 10 above, was correct.
36. It is submitted that, even if the relevant proceedings are civil, words must be implied into the Civil Evidence Act 1995 which give the court a wider power to exclude hearsay evidence. As the Divisional Court judgment makes clear this is unnecessary and unwarranted. Counsel in the Clingham case then argued that, even if the proceedings are civil, nevertheless the introduction of hearsay evidence infringes a defendants right to a fair trial under article 6(1) 'in the determination of his civil rights and obligations'. This is a misconceived argument. The case has not been heard. Such a challenge is premature. Upon a due consideration of the evidence, direct or hearsay, it may turn out that the defendant has no answer to the case under section 1(1). For the sake of completeness, I need only add that the use of the Civil Evidence Act 1995 and the Rules in cases under the first part of section 1 are not in any way incompatible with the Human Rights Act 1998."
"77. For these reasons I do not think that any of the criteria for a finding that proceedings under section 1 of the Crime and Disorder Act 1998 have the character of criminal proceedings for the purposes of article 6 are satisfied. The consequence of so holding is of fundamental importance to the future of this legislation. Cases such as Unterpertinger v Austria (1986) 13 EHRR 175, Kostovski v The Netherlands (1989) 12 EHRR 434 and Saidi v France (1993) 17 EHRR 251 illustrate the reluctance of the Strasbourg court to accept that the use of hearsay evidence is compatible with a defendant's right under article 6(3)(d) to examine or have examined witnesses against him. But I would hold that article 6(3) does not apply to these proceedings and that the rules of evidence that are to be applied are the civil evidence rules. This means that hearsay evidence under the Civil Evidence Act 1995, the use of which will be necessary in many cases if the magistrates are to be properly informed about the scale and nature of the anti-social behaviour and the prohibitions that are needed for the protection of the public, is admissible."
Lord Hutton said at paragraph 113:
"113. The submissions of counsel on behalf of the defendants and on behalf of Liberty have laid stress on the human rights of the defendants. However the European Court has frequently affirmed the principle stated in Sporrong and Lönnroth v Sweden5 EHRR 35, 52, para 69, that the search for the striking of a fair balance 'between the demands of the general interest of the community and the requirements of the protection of the individual's fundamental rights' is inherent in the whole of the Convention. In these cases which your Lordships have held are not criminal cases under the Convention and therefore do not attract the specific protection given by article 6(3)(d) (though even in criminal cases the European Court has recognised that 'principles of fair trial also require that in appropriate cases the interests of the defence are balanced against those of witnesses or victims called upon to testify': see Doorson v The Netherlands (1996) 22 EHRR 330, 358, para 70), and having regard to the safeguards contained in section 4 of the 1995 Act, I consider that the striking of a fair balance between the demands of the general interest of the community (the community in this case being represented by weak and vulnerable people who claim that they are the victims of anti-social behaviour which violates their rights) and the requirements of the protection of the defendants' rights requires the scales to come down in favour of the protection of the community and of permitting the use of hearsay evidence in applications for anti-social behaviour orders."
"20. I begin with the live evidence. The evidence of the police officers about Mrs James' abusive behaviour during interviews and Mr James' supine attitude to his children, and the evidence of Mr Wrafter, Mrs Clarke and Mr Mallett was all challenged by the defendants. I have to say that I prefer the evidence of the claimant's witnesses in all these cases. I found Mr Wrafter and Mr Mallett credible witnesses and I see no reason why they should have invented their stories. The same applies to Mrs Clarke who was a most impressive witness. She was clear about her recollection and Mr Cottle was unable to make any inroads in what she said. By contrast, the demeanour of Mr James in the witness box was evasive and unconvincing and I found no difficulty in believing what was said about Mrs James after hearing her give evidence. She is clearly a highly volatile person who cannot accept any criticism and is easily roused.
Likewise, I prefer the evidence of the police officers to that of the defendants. The defendants' case is that the police officers have deliberately lied in order to do them down. Such behaviour is, of course, no impossible, but I have to say that I think it highly unlikely in this case. The police witnesses were careful to distinguish between the hearsay evidence and that which they witnessed and I do not think they were conspiring against the defendants.
21. With that in mind I now consider the hearsay evidence. It seems to me that what is contained in the hearsay evidence is entirely consistent with my findings of fact in the live evidence. The live evidence tends to show that the defendants and their children have been violent and abusive to neighbours, have racially harassed a Somalian family, and have accused damage to property in the street. It further shows that the defendants are incapable of controlling their children and indeed see no reason to do so. It shows that Mrs James in particular is obscenely abusive in an uncontrolled manner whenever she is challenged.
22. In the light of these findings, the hearsay evidence is entirely credible and fits the pattern established by the live evidence. In particular, I have to say that I can well understand why witnesses have been reluctant to come forward and identify themselves. Furthermore, the quantity of hearsay evidence is such that it cannot be safely disregarded. I therefore think that I must regard the hearsay evidence as part of a credible whole."
"She has also witnessed them beating up a Somalian man."
"I have heard them all make comments."
Counsel then said "including Eran James?", in other words Mr James, to which Miss Clarke responded:
"I have heard Eran James make several comments. I've heard Lisa make comments and I've heard their children make comments."
She then denied making all of this up and said:
"I have heard him. I am not making that up, I've heard him. I was there when they were having an argument, so I've heard him."
"Can I just correct, if I'm making things up, which you are telling me, if I say to you I heard them do it, I'm stood there in an argument in-between people while they're calling them names, I've heard it and me and my daughter have had to go across the road openly, how am I making it up? I am not making it up."
"Eran supports the children's racism towards the Somali people and was involved in attacks on local Somali people."
It seems to me, therefore, that there is nothing in ground 6.
"Q. Are you going to say that each member of the James family on separate occasions have intimidated other residents, on occasions that you cannot specify on dates that you do not know, or is it one occasion where they all intimidated other residents?
A. There's been occasions when they have all gone out and intimidated other residents, and there are lots of occasions when specific members of their family."
Then she was asked about dates and she said:
"A. It has been, in five months, five/six months of me moving into the property, up until 2004 that I have seen the James and the things that they've done, the things that they've said to people. It is just because --
Q. But nothing that you can remember?
A. I can remember lots of things; I just can't give you specific dates?"
Then lower down the page.
"Q. How about me saying that you have not seen them threaten anybody since, assume you are correct for a minute, since last autumn. How does that sound?
A. It sounds like rubbish."
"6th November 2003: Police are called to a large fight in Brighton Street St Paul's on attendance the fight has concluded but numerous persons are in the street including members of the JAMES family. There is a lot of ill feeling directed in particular towards Lisa JAMES as persons unnamed allege they are fed up with the daily problems caused by the JAMES children. No offences disclosed or reported. (Intelligence report 21563/03 refers)
8th November 2003: Police are called to a disturbance in the Brighton Street involving members of JAMES family and other parties in the street. Damages caused to window of JAMES family house. Allegations from all parties but no independent witness are available, no complaints forthcoming. (Log number 0631 of 8/11/03 and crime number 20000 refer).
1st December 2003: Police were called to an assault where the offender believed to one of the JAMES family assaulted the victim by hitting them on the side of his face with a glass beer bottle. Victim would not make a complaint due to fear of reprisals. (Crime Number 21693 refers)
14th January 2004: Call received from ERIN JAMES that his son KANE was attacking LISA and one of he other sons with a knife and that he had taken the keys to the family vehicle. Police attended and on arrival no complaint was forthcoming from any member of the family and all were checked and were in order. (Log number 0387 of 14/1/04 refers).
25th January 2004: Call received from MARLEY JAMES stating he was being threatened by his brother KANE. He then hung up. Communications re-called the address and spoke to KANE who informed the operator 'GET YOUR ASS ROUND HERE' asked if parents were there he replied 'F**K OFF'. Scene attended. Again all parties in order no complaints made. (Log number 0880 of 25.1.04 refers).
25th January 2004: Further call from Mr ERIN JAMES that KANE JAMES was threatening members of the family with a knife, and had taken the keys to the family car. Scene attended no offences disclosed details obtained for a domestic incident report. (Log number 0883 of 25/1/04 refers).
31st January 2004: Call received from Mr ERIN JAMES that his son MARLEY JAMES and KANE BROOMFIELD are fighting with knives. Further call received from MARLEY JAMES that he had been hit over the head with an ashtray and was locked in his bedroom for safety. On attendance all parties refused any medical attention or police assistance. No complaints were received and detailed were submitted for a Domestic incidence form. (Log number 1116 & 1138 of 31/01/04 refers).
10th February 2004: During incident Offender ZAC JAMES had a knife in hand with which they threatened the victim, victim tried to grab the knife in an attempt to protect them causing cuts to hand. Counter allegations received from ZAC JAMES towards victim. (Crime number 28257 refers).
11th February 2004: Police were called to a dispute between the JAMES family and a neighbour over the ownership of a pedal cycle. During this incident both parties allege the opposing parties assaulted them. Damage was also caused to the JAMES family vehicle however there were no witnesses to the damage. (Crime numbers 28254, 28258 & 28260 refer)."
As can be observed, most of these incidents are internal, with reports being made to the police by one or other member of the family in fear of or because of concern about incidents involving some other member of the family.
"All of 208f and top of 208g ... occurred inside the house and do not amount to ASB [anti-social behaviour]."
That was the point put to some police officers and I think accepted by them in evidence below.
"... that the defendants are incapable of controlling their children and indeed see no reason to do so."
"25. ... The issue of whether to suspend must be very much a question of the future. There is no point suspending an order if the inevitable outcome is a breach. Any factor which is relevant as to whether there will be future breaches must, in my judgment, be relevant to the question of suspension. This would include the fact that following an injunction things had considerably improved or that a person is likely to observe an injunction if one was granted at the same time.
26. I, therefore, reject the suggestion that the assistant recorder should not have considered the matters as she did. They were factors be taken into account. Whether they should have proved decisive, as they seem to have done, is a matter to which I shall return."
"Cases of this kind are worrying. There is a need to support those who do have the courage to come forward and complain when complaint is legitimate about their neighbours in this sort of way."
"... as it seems to me simply granting an injunction in this type of case is unlikely to diminish the fear that neighbours feel. Mr Schofield and his daughter have lived a fair period under fear and in the way that is described in the judgment that my Lord has recited. Furthermore, the other neighbours have apparently lived in fear. As it seems to me, it is most unlikely that that will be assisted by an injunction. All that will cure that element is an immediate order for possession, ..."
The court in the circumstances of that case replaced the suspended order with an immediate order.
"The Court of Appeal will not interfere with an exercise of the judge's discretion to suspend an order unless satisfied that the judge has taken into account some matter which he should not have taken into account or has left out of account something which he should have taken into account, or that for some other reason the decision is plainly wrong ..."
That conventional statement of the approach of this court also applies in a reverse sense, when considering a decision not to suspend.
"At the hearing, however, the point had almost certainly been overlaid by Mr Howard's [that is the tenant's] total denial that he had done anything wrong, a denial which the judge was entitled to take into account against him in the light of what had in truth happened, when the judge came to look to the future. Even in the skeleton argument, drafted when Mr Howard was acting in person in this court, the selfjustification persists. It does not inspire any greater belief in his capacity to turn over a new leaf than the judge below evinced."
"23. It follows that I find the allegations against the defendants proved. I must now consider whether any order should be suspended. I take account of the evidence of the defendants' social worker who clearly thought it would be disastrous for the family to be evicted. That may well be so. I also accept that it would be far more convenient for social services if the family remain where it is
24. However, that is not the test to be applied. I must have regard to the interest of neighbours and adjoining occupiers. This is a family which has, in effect, terrorised the neighbourhood in the 2 years or so they have been at the property. The defendants clearly cannot or will no control their children and see no reason to do so. Mr Cottle's suggestion of anti-social behaviour order against Marley is, in my view, unlikely to solve the problem. I regret to say that the neighbourhood has to be protected from this family and the only way to achieve this is to make an outright possession order in 28 days, that is to say (allowing for service of order) by 9 July 2004.
As to the injunctions, I consider that the present injunction should run until possession and that they should thereafter stand discharged with the applications adjourned generally for 6 months with liberty to restore. My reason for this is that I do not know where the family will be living and it seems unrealistic to continue the orders in exactly the same terms."
ORDER: Appeal dismissed with costs; stay of the execution of the warrant for possession lifted; order for costs made against the unsuccessful appellants, but the application is adjourned to the costs judge; detailed assessment of the Appellants' Community Legal Services Funding costs.