Resident Marella Harris said Liverpool Council's representative, Grant Butterfield, from Marsdens Law Group, had already served the council's case brief on the residents, who now had to provide their brief by this Friday (October 23).

They will then face the court again on November 10.

``It looks like the council's representatives have stopped all attempts to move the hearing from the Supreme Court to the Land and Environment Court,'' Ms Harris said. ``Our case needs to stay in the Supreme Court because it refers to constitutional law. They were saying that all development matters are handled in the Land and Environment Court, but our case goes into deeper issues than just that.''

Ms Harris said the residents were now more confident and keener than ever to keep fighting.

She said the Hoxton Park Residents Association had more than 4000 members.

She said all of them were supporting the fight against the school.

``We have a lot of support from people outside the suburb, from around the Liverpool area and all of the rest of western Sydney as well,'' Ms Harris said. ``We're tired of the council not listening to us, so we're eager to fight back.''

A Liverpool Council spokeswoman said the matter was relisted to hear applications from both parties on November 10.

Council general manager Phil Tolhurst said that never in his 30 years of working in local government had he heard of people challenging a council in the Supreme Court over a constitutional matter.

``But that doesn't mean it hasn't happened,'' Mr Tolhurst said. ``And it is the residents' right to take this action.''