Qld: Family wins first battle in bid to stay on Cape York statio

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Qld: Family wins first battle in bid to stay on Cape York statio

By Jordan Baker

TOWNSVILLE, April 24 AAP - A family has won the first battle in its fight to remainon a remote pastoral property near the tip of Cape York.

The Nixon family refused to leave the environmentally sensitive Shelburne station aftertheir lease expired in 1999 and was not renewed.

The Queensland government applied to the courts for a summary judgment to evict theNixons from the property, where they have lived for almost 40 years.

Today, the Supreme Court in Cairns dismissed the application, clearing the way forthe matter to go to trial.

Justice John Muir said he was not satisfied the Nixons had no prospect of a successfuldefence or that there was no need for a trial of the claim.

"It is arguable that any opportunity to be heard afforded the defendants was illusory,"

Justice Muir said.

Defendant Eileen Nixon, who moved to Shelburne with her husband Dallas in the early1960s, described the decision as "absolutely lovely".

"It's a long way to go yet but at least we are over another hurdle," she said.

Queensland Natural Resources Minister Stephen Robertson said the state government remainedcommitted to achieving possession of the land.

"All today's judgment means is that the proceedings will now probably have to go totrial," he said in a statement.

The Wilderness Society and Australian Conservation Foundation said Shelburne Bay wasa national environmental treasure and should be protected.

"We call on the Queensland government to continue to pursue this issue and ensure thatShelburne Bay is protected in the interests of all Australians," they said in a statement.

Shelburne Bay is home to some of the most pristine sand dunes in the world, as wellas rare plant and animal species.

AAP jb/sc/jnb/de

KEYWORD: CAPE