Georges River Council v Emanuel Mifsud [2020] NSWLEC 149

Georges River Council v Emanuel Mifsud [2020] NSWLEC 149

The Council proved, on evidence, that the premises were unsightly, unsafe and unhealthy in breach of s 124 of the Local Government Act 1993 and that the First Respondent failed to comply with a valid order. The Court therefore granted orders enabling the Council to remedy the breach after a 28-day grace period.

Parties
Applicant: Georges River Council; First Respondent: Emanuel Mifsud; Second Respondent: Crystina Mifsud
Jurisdiction
Australia
Judgment Date
30 October 2020
Procedural Posture
Class 4 / Principal Judgment After Hearing
Outcome
Orders made for council to enter premises and remedy breach after a 28-day suspension; First Respondent to pay council’s costs (with noted exclusions).
Legal Topics
Failure to Comply With Local Government Order, Premises in Unsafe or Unsightly Condition, Enforcement Powers of Local Council, Remedies for Breach of Local Government Act
Local Government Law Failure to Comply With Local Government Order Premises in Unsafe or Unsightly Condition Enforcement Powers of Local Council Remedies for Breach of Local Government Act

Case Brief

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Parties

Georges River Council

Applicant

Emanuel Mifsud

First Respondent

Crystina Mifsud

Second Respondent

Procedural Posture

Class 4 / Principal Judgment After Hearing

Legal Issues

  1. 1 Whether the First Respondent failed to comply with an order issued under s 124 of the Local Government Act 1993
  2. 2 Whether the premises were in an unsafe, unhealthy, or unsightly condition
  3. 3 Whether the Council is entitled to enter the premises and do all works necessary to give effect to the order

Ratio Decidendi

The Council proved, on evidence, that the premises were unsightly, unsafe and unhealthy in breach of s 124 of the Local Government Act 1993 and that the First Respondent failed to comply with a valid order. The Court therefore granted orders enabling the Council to remedy the breach after a 28-day grace period.

Court Disposition

Orders made for council to enter premises and remedy breach after a 28-day suspension; First Respondent to pay council’s costs (with noted exclusions).

Orders

  • Declaration that the First Respondent failed to comply with the Order dated 28 October 2019.
  • The Council is empowered to do all things necessary or convenient to give effect to the Order after a 28-day deferral.