Fairfield City Council v Gray [2018] NSWLEC 81

Fairfield City Council v Gray [2018] NSWLEC 81

The defendant failed to comply with a valid direction under s 23 of the Swimming Pools Act 1992, and continued non-compliances were evidenced; therefore, the Court made an order requiring compliance and ordered costs limited to enforcement of that direction.

Parties
Applicant: Fairfield City Council; Defendant: Christopher John Gray
Jurisdiction
Australia
Judgment Date
29 May 2018
Procedural Posture
Class 4 Proceedings / Principal Judgment
Outcome
Orders made requiring compliance and payment of costs for valid direction enforcement.
Legal Topics
Swimming Pool Fencing, Statutory Compliance, Child Safety, Court Orders, Costs
Local Government Law Environmental Law Safety Regulation Swimming Pool Fencing Statutory Compliance Child Safety Court Orders Costs

Case Brief

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Parties

Fairfield City Council

Applicant

Christopher John Gray

Defendant

Procedural Posture

Class 4 Proceedings / Principal Judgment

Legal Issues

  1. 1 Whether the defendant failed to comply with a statutory direction under the Swimming Pools Act 1992 regarding swimming pool fencing
  2. 2 Whether an order should be made requiring compliance with the direction
  3. 3 Whether costs should be ordered for the relevant proceedings

Ratio Decidendi

The defendant failed to comply with a valid direction under s 23 of the Swimming Pools Act 1992, and continued non-compliances were evidenced; therefore, the Court made an order requiring compliance and ordered costs limited to enforcement of that direction.

Court Disposition

Orders made requiring compliance and payment of costs for valid direction enforcement.

Orders

  • Christopher John Gray is to carry out the works necessary to comply with the direction pursuant to s 23 of the Swimming Pools Act 1992 dated 20 September 2017 to the extent that the report of Mr Reuben Sinai's inspection carried out on 19 March 2018 disclosed continuing non‑compliance.
  • Order (1) is to be complied with prior to the expiry of 31 days after the date of these orders - that is by 5.00 pm on Friday 29 June 2018.