BARRISTER PETER KING EXCLUSIVE INTERVIEW WITH SOS-NEWS 15th SEPTEMBER 2010
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HEAR HOW Peter Spencer is now clear to take the fight to the government as Barrister PETER KING relates the win at the High Court to Mal Davies that has paved the way for Peter Spencer to take his claim of land and carbon theft by government to the next level ….
PETER SPENCER INTERVIEW
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Mal Davies EXCLUSIVE interview with Peter Spencer about his victory at the High Court with clips from ABC presenter Michael Condon Country Hour radio show that is a must listen to. You will hear how Peter is just begining to fight, statements made by so called experts leave everything to be desired… Hear how Peter intends to take the government to task – Click the speaker to Listen.
“WELL DONE PETER SPENCER”
Spencer vows to “fight on….”
On Wednesday 1 September, the Full Bench of the High Court held that the case Spencer v Commonwealth of Australia should not have been summarily dismissed in the Federal Court in March 2009 on the grounds that Mr Spencer had “no reasonable prospect” of successfully prosecuting the proceedings (under section 31A of the Federal Court of Australia Act).
The Full Bench judges unanimously held that the case had not been a suitable one for the application of s 31A of the Federal Court of Australia Act.
Mr Spencer has argued that Commonwealth Acts formed part of a scheme or device with the States designed to avoid the restrictions on Commonwealth legislative power found in s 51(xxxi) of the Constitution which requires just terms payment for property acquired by the Commonwealth (carbon sequestered to meet Australia’s commitment to the Kyoto Protocol Agreement).
As a result Spencer is arguing that his property was rendered valueless when the resulting NSW Native Vegetation legislation was used to stop him clearing regrowth vegetation from his property at Shannons Flat NSW (near Cooma).
On Wednesday, The High Court granted Mr Spencer leave to appeal and allowed the appeal with costs being awarded against the Commonwealth dating back to 2007. Wednesday’s finding also allows for Spencer to have discovery of Commonwealth and State documents. The case will now be heard in the High Court.
The award of costs against the Government is a huge relief for Peter Spencer.
Mr Spencer says he has been robbed of his property rights.
To download the official copy of the High Court decision – CLICK THE PICTURE.
Peter Spencer recorded interview he had with ABC presenter Michael Condon on The Country Hour just after the High Court decision was handed down… Click the speaker to hear.[swfobj src=”../radio/interviews/mp3ss135d.swf” height=”70″ width=”70″]