HOXTON Park residents' battle to have the construction of a Muslim school in their area stopped by a court injunction has stalled again.

Hoxton Park Residents Action Group Inc president Marella Harris said the injunction was designed to stop the contractors working for the Malek Fahd Islamic School excavating the block early in the morning, especially on the weekend.

Liverpool Council approved in June last year the construction of the school, which will be in Pacific Palms Circuit.

Residents strongly opposed the construction of the school, saying it would create traffic chaos and parking problems and increase the risk of flooding to nearby houses.

The action group is now challenging in both the Land and Environment Court and the Supreme Court the decision to approve the school.

The Supreme Court action is based on the argument that the council did not have the right to make the decision because local government is not mentioned in the Australian Constitution.

The Land and Environment Court battle is based on planning criticisms.

The group last appeared in the Supreme Court last Thursday to ask the court for an injuction.

``We've got excavators and tractors going onto the site at 3am and we wanted to court to stop that,'' Ms Harris said. ``The school's representatives said they were not informed that that was the purpose of the latest appearance and they said that they were not prepared.

``So the case has been postponed again.''

The case will next come before the Land and Environment Court on September 10 and before the Supreme Court on October 28.

Resident and former Liverpool councillor Steve Bowman said he was sick of being woken up in the early hours of the morning.

``They shouldn't be doing it,'' Mr Bowman said. ``It needs to stop. And they're piling up huge piles of soil right next to my back fence, which is also against regulations. I don't know how they're getting away with all this.''

The spokesman for the school, Intaj Ali, has been repeatedly called for a comment over the past few months and has not responded.