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He continued to use the shed to earn a living

Geraldton Guardian
Geraldton Courthouse after yesterday's adjournment
Camera IconGeraldton Courthouse after yesterday's adjournment Credit: Geoff Vivian

Well-known Geraldton litigant Wayne Glew has been ordered to submit a list of people who own various items stored in the shed of his former home.

The City of Greater Geraldton seized the Glenfield property last year in lieu of unpaid rates, and Mr Glew told the court he had continued to use the shed in order to earn a living.

Magistrate Chris Miocevich said Mr Glew had caused Council “a great deal of expense” by not disclosing that the items belonged to other people until today, and asked him to list the owners on an affidavit.

“Do not order me to do an affidavit because I won’t,” Mr Glew said.

“It is a legally binding document that can be later used in a court of law against me.”

After conferring with City of Greater Geraldton’s lawyer Gray Porter, the magistrate agreed that a list would be acceptable.

“You are to file with the court a list of names, phone numbers and addresses of the people you say have an interest in the property,” the magistrate said.

“You are to advise in writing any person you claim has an interest in those properties and they must contact the City of Greater Geraldton by February 4.

“If you don’t take these items the council will have to sell them.”

Today’s session began at 2.15pm, having been adjourned from the day before when Mr Glew’s legal arguments delayed the City’s attempted application for a court order to dispose of the goods.

Mr Glew continued to challenge the constitutional authority of the City and the magistrate throughout today’s hearing which ran from 2.15pm to 4pm.

Mr Glew claims a magistrate has no authority to preside over the case because their power came from Section 35 of the Magistrate’s Court Act WA 2004 which was “repugnant” to the Commonwealth Constitution section 75.5.

The magistrate reserved his decision and adjourned the matter until February 6.

Outside the courthouse Mr Glew told The Geraldton Guardian he had lodged an appeal with the House of Lords in England.

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Previous report: Man ejected from public gallery in Wayne Glew case

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