Bobolas v Waverley Council [2020] NSWLEC 144

Bobolas v Waverley Council [2020] NSWLEC 144

Given the Council's undertaking not to remove any further components of the laundry, it is unnecessary to make an injunction order. No serious question to be tried was identifiable warranting urgent interlocutory relief. The balance of convenience favours respecting extant orders and the Council's undertaking.

Jurisdiction
Australia
Judgment Date
14 October 2020
Procedural Posture
Class 2 Proceedings / Urgent Interlocutory Application
Outcome
Urgent interlocutory injunction not granted; Court accepts Council's undertaking.
Legal Topics
['interlocutory Injunctions' 'emergency Orders' 'orders Under Local Government Act' 'premises Safety' 'notice Requirements']
['procedure' 'local Government Law' 'environmental Law'] ['interlocutory Injunctions' 'emergency Orders' 'orders Under Local Government Act' 'premises Safety' 'notice Requirements']

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Procedural Posture

Class 2 Proceedings / Urgent Interlocutory Application

Legal Issues

  1. 1 ['Whether urgent interlocutory relief should be granted restraining Waverley Council from removing and disposing of items from the laundry structure' 'Whether Council acted lawfully in issuing and enforcing the No 21 Order under the Local Government Act 1993 (NSW)' 'Whether notice was required prior to the works undertaken by Council' 'Whether removal of items is properly the subject of the emergency No 21 Order or other extant orders']

Ratio Decidendi

Given the Council's undertaking not to remove any further components of the laundry, it is unnecessary to make an injunction order. No serious question to be tried was identifiable warranting urgent interlocutory relief. The balance of convenience favours respecting extant orders and the Council's undertaking.

Court Disposition

Urgent interlocutory injunction not granted; Court accepts Council's undertaking.

Orders

  • ['The Council undertakes not to remove any further components of the laundry at the rear of the dwelling house on the Premises at Boonara Avenue Bondi.' 'Costs are reserved.']