27 March 2013

The Klan told to front up real money or go to hell

27 March 2013 | johnboy

The Supreme Court has the orders of Justice Sidis on the matter of CONCERNED CITIZENS OF CANBERRA INC v CHIEF PLANNING EXECUTIVE (PLANNING AND LAND AUTHORITY).

For those coming in late this is today with the tiny group of bigots trying to run the Gungahlin Mosque out of town.

The key part of this order is this:

The plaintiff is to provide security for the defendant’s costs:
1. By paying into court the sum of $25,000.00 or by otherwise providing security for that amount in a manner satisfactory to the defendant.
2. Security is to be provided by 4 pm on 30 April 2013. The matter is to be listed before the court for further management of the proceedings on 1 May 2013 with a view to fixing a date for the hearing of the substantive issues.
3. In the event that the security is not provided the court will, on 1 May 2013, consider any application made by the defendant for an order for the dismissal of the proceedings.

Let’s see if the buggers are able to put up that kind of money for their crusade.

Join the conversation

All Comments

All Comments
Website Comments
Facebook Comments

Latest

rosscoact9:44 am 28 Mar 13

gungsuperstar said :

Is the Mosque the building currently being developed on the southern side of The Valley Ave next to the other city church? It looks as though this is what it is, and with development started, the original notion that this would cast a shadow over Gungahlin is ridiculous.

Especially when the northern side of The Valley Ave is currently being developed with another concrete monstrosity that I imagine is just more medium-rise apartments.

Where were the old guard spreading their hate in my mailbox when those plans were released for discussion?

That one is the Salvos. The mosque is where the demountable shed is now

gungsuperstar8:03 am 28 Mar 13

Is the Mosque the building currently being developed on the southern side of The Valley Ave next to the other city church? It looks as though this is what it is, and with development started, the original notion that this would cast a shadow over Gungahlin is ridiculous.

Especially when the northern side of The Valley Ave is currently being developed with another concrete monstrosity that I imagine is just more medium-rise apartments.

Where were the old guard spreading their hate in my mailbox when those plans were released for discussion?

rosscoact7:09 am 28 Mar 13

poetix said :

Well, I’ll be very boring and walk to church on Sunday. Feet on the ground and all. Could you please supply some hilarious jokes about that?

However, I am glad that the jokes are directed at the more established religion, rather than at those who still have to fight for their rights to worship in their own way in their own building.

I know the people making the jokes aren’t the people opposing the mosque. But I am amazed sometimes at atheists’ inability to see that their are appropriate places to make their point, and a thread about bias against Moslems probably isn’t the best place…

It’s the Richard Dawkins School of Charm, Tact and Modesty…

I’m not that keen on the dogmaists either. Fundies of any faith including atheism are pretty tiresome

Comic_and_Gamer_Nerd9:04 pm 27 Mar 13

DrKoresh said :

I hope they do manage to raise the money. Then I hope they lose their case and forfeit all 25K 😀

Heck yes

poetix7:43 pm 27 Mar 13

Well, I’ll be very boring and walk to church on Sunday. Feet on the ground and all. Could you please supply some hilarious jokes about that?

However, I am glad that the jokes are directed at the more established religion, rather than at those who still have to fight for their rights to worship in their own way in their own building.

I know the people making the jokes aren’t the people opposing the mosque. But I am amazed sometimes at atheists’ inability to see that their are appropriate places to make their point, and a thread about bias against Moslems probably isn’t the best place…

It’s the Richard Dawkins School of Charm, Tact and Modesty…

Mr Evil7:01 pm 27 Mar 13

Jivrashia said :

Pork Hunt said :

Get with the times, light rail is coming but hopefully won’t coincide with the second coming as that would just create a media circus…

Guys, when the Rapture finally gets here you won’t have to worry about public transport.

Hell, who needs public transport when you can have your own flying carpet!

Jivrashia6:56 pm 27 Mar 13

Pork Hunt said :

Are you going by bus or taxi to Easter church?

Me? I’m going to follow the Easter bunny, but hope to avoid the rabbit hole.

Pork Hunt6:48 pm 27 Mar 13

Jivrashia said :

Pork Hunt said :

Get with the times, light rail is coming but hopefully won’t coincide with the second coming as that would just create a media circus…

Guys, when the Rapture finally gets here you won’t have to worry about public transport.

Are you going by bus or taxi to Easter church?

Jivrashia6:43 pm 27 Mar 13

Pork Hunt said :

Get with the times, light rail is coming but hopefully won’t coincide with the second coming as that would just create a media circus…

Guys, when the Rapture finally gets here you won’t have to worry about public transport.

Pork Hunt6:18 pm 27 Mar 13

poetix said :

I look forward to the mosque being built. The design looks very attractive.

The only time we’ll hear about it when it’s an established building is when the worshippers have a good whinge about inadequate bus services, just like people from certain other religions…

Get with the times, light rail is coming but hopefully won’t coincide with the second coming as that would just create a media circus…

Skidbladnir12:10 pm 27 Mar 13

Hmmm…
The pointy bit of this judgement is to whether the current plantiff party (Concerned Citizens of Canberra) was able to be joined by the CCC’s President (Mr Irwin Ross) or not.

In general, the judgement referenced above relies on considering the effect that this would have in simply bogging down the bureaucratic and legal processes, but most especially who would bear the cost of litigation (with a further issue to Irwin Ross having waited far too long to actually try and join as a party).

Also, that CCC\Irwin Ross’ claim relied on S116 of the Constitution (Religious establishment), despite no Federal government involvement in the Case, and the original grounds of the case not being religiously motivated.

My understanding:
Given that now that one of the plantiffs would be a private citizen, technically legally separate of, but implicitly exercising an executive control over the other plantiff, the potential negative effects of allowing him entry as a party would have been either a) a freebie for the private citizen b) an effort to completey circumvent any demand for cost recovery, or c) given the entire organisation has assets barely in excess of $2000 the organisation if it failed to carry the proceedings, be rolled up in a hurry.

Other highlights of Justice Sidis’ commentary, all of which relate to specific points that Irwin Ross tried to raise:

70: I was not satisfied that proceedings, based upon the proposition that the funding of any religious body for any purpose constituted a breach of s 116 of the Constitution, would necessarily qualify as public interest litigation. Litigation pursuing this proposition would suggest that its purpose was not directed at the public interest but rather at the promotion of a private view that of itself amounted to the prohibition of the free exercise of a religion, the very element of social justice that s 116 of the Constitution was designed to protect.

“73… I was not satisfied that these proceedings could be categorised as those brought with the purpose of maintaining religious or ethical standards. [See para 68 context]”

56. Mr Ross also asked that his name, his occupation, his residential address and any means of identifying him to be suppressed for the purpose of avoiding further unfavourable media attention. Whilst one might have some sympathy for an individual who is harassed or threatened with physical violence, in Australia proceedings before courts, other than in very special circumstances, are operated in a public and open manner, so that the world at large can be confident that justice is being dispensed to the very high standard that Australian citizens are entitled to expect.

View more conversations

Featured Businesses

Screen and Door Installers

Monaro Screens

Monaro Screens is Canberra’s finest and most comprehensive supplier of shower screens, bath screens, mirrors, wardrobe doors, retractable screens, splash backs and all Crimsafe security products.

Find out more

Solar Panel Installers

SolarHub

SolarHub has helped more than 12,000 customers reduce their energy bills and greenhouse gas emissions by harnessing the power of the sun.

Find out more

Real Estate

Independent Property Group

Whether you’re buying, selling, renting, leasing, looking for someone to manage your greatest investment, or market your latest development, every bit of property is made possible with Independent.

Find out more

Lawyers

BDN Lawyers

BDN has provided legal services to to Canberra, Queanbeyan and the region for over 160 years.

Find out more

Electricians

Detlev's Electrical

For almost 30 years, Detlev’s expert Canberra Electricians have been supporting homes and businesses with superior appliance repairs and installations, electrical services and building automation.

Find out more