Fairfield City Council v Damevski [2015] NSWLEC 64

Fairfield City Council v Damevski [2015] NSWLEC 64

The evidence established that Mr Damevski was properly served and notified, had not complied with the Council's s 124 order within the required 30 days, and that the overgrown vegetation and accumulated materials remained on the land so that the breach of the order and the Local Government Act 1993 was continuing....

Source-derived case information.

Jurisdiction
Australia
Judgment Date
01 April 2015
Procedural Posture
Class 4 Civil Enforcement Proceedings Under S 674 of the Local Government Act 1993 / Final Hearing; Principal Judgment
Outcome
Application granted; respondent ordered to comply with the Council order, Council authorised to carry out the work in default after notice, and respondent ordered to pay costs.
Legal Topics
['council Order Under S 124 of the Local Government Act 1993' 'failure to Comply With Council Order' 'unsafe and Unhealthy Condition of Land' 'court Enforcement Orders' 'costs']
['local Government' 'land and Environment' 'civil Enforcement'] ['council Order Under S 124 of the Local Government Act 1993' 'failure to Comply With Council Order' 'unsafe and Unhealthy Condition of Land' 'court Enforcement Orders' 'costs']

Source-derived case record

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Procedural Posture

Class 4 Civil Enforcement Proceedings Under S 674 of the Local Government Act 1993 / Final Hearing; Principal Judgment

Legal Issues

  1. 1 ['Whether the respondent failed to comply with the council order dated 28 October 2013 requiring cutting and removal of overgrown vegetation and removal of accumulated materials from the land.' 'Whether the breach of the order and the Local Government Act 1993 was continuing.' 'Whether orders should be made requiring the respondent to comply with the order and, in default, authorising the council to enter the land and carry out the required work.' "Whether the respondent should pay the applicant's costs of the proceedings."]

Ratio Decidendi

The evidence established that Mr Damevski was properly served and notified, had not complied with the Council's s 124 order within the required 30 days, and that the overgrown vegetation and accumulated materials remained on the land so that the breach of the order and the Local Government Act 1993 was continuing. It was therefore appropriate to order him to comply, authorise the Council to carry out the work in default after notice, and order costs against him.

Court Disposition

Application granted; respondent ordered to comply with the Council order, Council authorised to carry out the work in default after notice, and respondent ordered to pay costs.

Orders

  • ["Order the respondent to comply with the terms of the order given by the applicant in terms of order 21 under s 124 of the Local Government Act 1993 ('the Act') dated 28 October 2013 ('the Order') in respect of land at 1 Usher Close, Abbotsbury, being Lot 2102 in Deposited Plan 740825 ('the Land'), within 30 days...