Georges River Council v Allan Frederick Goddard [2019] NSWLEC 127

Georges River Council v Allan Frederick Goddard [2019] NSWLEC 127

The evidence, including extensive photographs, videos and the evidence of Council officers, established that Mr Goddard was the owner and occupier of residential premises that were not in a safe or healthy condition because accumulated external items created fire risk, impeded safe emergency access, provided...

Source-derived case information.

Jurisdiction
Australia
Judgment Date
03 September 2019
Procedural Posture
Class 4 Civil Enforcement Proceedings Seeking Declaratory and Injunctive Relief and Orders Under S 678(10) of the Local Government Act 1993 (nsw) for Failure to Comply With a S 124 Order / Final Orders After Hearing and Addendum
Outcome
Council obtained final remedial orders generally in accordance with its application; declaratory relief was not granted; Mr Goddard was ordered to pay Council's costs as agreed or assessed.
Legal Topics
['failure to Comply With an Order Under S 124 of the Local Government Act 1993 (nsw)' 'unsafe or Unhealthy Residential Premises' 'accumulation of Articles and Refuse' 'council Entry and Carrying Out Works Under S 678 of the Local Government Act 1993 (nsw)' 'declaratory and Injunctive Relief' 'costs']
['local Government' 'environmental Planning and Land Use' 'civil Enforcement'] ['failure to Comply With an Order Under S 124 of the Local Government Act 1993 (nsw)' 'unsafe or Unhealthy Residential Premises' 'accumulation of Articles and Refuse' 'council Entry and Carrying Out Works Under S 678 of the Local Government Act 1993 (nsw)' 'declaratory and Injunctive Relief' 'costs']

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Procedural Posture

Class 4 Civil Enforcement Proceedings Seeking Declaratory and Injunctive Relief and Orders Under S 678(10) of the Local Government Act 1993 (nsw) for Failure to Comply With a S 124 Order / Final Orders After Hearing and Addendum

Legal Issues

  1. 1 ['Whether the respondent failed to comply with the order issued by Georges River Council under s 124 of the Local Government Act 1993 (NSW).' 'Whether the premises were not in a safe or healthy condition because of accumulated items outside the dwelling.' 'Whether the Court should grant declaratory relief, injunctive relief, and orders permitting Council to carry out the removal works under s 678(10) of the Local Government Act 1993 (NSW).' 'Whether final orders should allow staged removal works and Council entry if the respondent failed to comply.']

Ratio Decidendi

The evidence, including extensive photographs, videos and the evidence of Council officers, established that Mr Goddard was the owner and occupier of residential premises that were not in a safe or healthy condition because accumulated external items created fire risk, impeded safe emergency access, provided harbourage for vermin and mosquitoes, and posed injury risks from unstable items. Council had power to issue the s 124 order, and Mr Goddard had not substantially complied with its second term. The Court therefore granted relief enabling staged removal works and authorising Council to carry out the works under s 678(10) if Mr Goddard failed to comply, but declined declaratory relief...

Court Disposition

Council obtained final remedial orders generally in accordance with its application; declaratory relief was not granted; Mr Goddard was ordered to pay Council's costs as agreed or assessed.

Orders

  • ['Georges River Council and Allan Frederick Goddard were initially ordered to prepare within 14 days an agreed list of items to be removed from 297 Rocky Point Road, Sans Souci, divided by nominated areas and in the form of the schedule annexed to the orders.' 'The proceedings were initially adjourned to 9.00am on...