Inner West Council v Krelja [2018] NSWLEC 4

Inner West Council v Krelja [2018] NSWLEC 4

The Respondents were the registered proprietors of the Land, had been properly served, and had failed to carry out the remedial works required by the s 124 order. The evidence of Council officer Mr Zapantis established that the chimney remained in an unsafe condition with a risk of collapse and injury. Given the potential risk to persons and property, the Court adopted a precautionary approach and ordered the Council under s 678(10) to carry out the remedial works and recover its reasonable expenses and legal costs.

Jurisdiction
Australia
Judgment Date
31 January 2018
Procedural Posture
Class 4 Civil Enforcement Proceedings / Final Hearing for Orders Under S 678(10) of the Local Government Act 1993 (nsw) Following Alleged Non Compliance With a S 124 Order
Outcome
Orders made for the Applicant Council to carry out the remedial works, recover reasonable expenses, and recover legal costs.
Legal Topics
['section 124 Local Government Act Order' 'failure to Comply With Council Order' 'unsafe Premises' 'council Remedial Works' 'recovery of Expenses and Costs']
['local Government' 'civil Enforcement' 'land and Environment'] ['section 124 Local Government Act Order' 'failure to Comply With Council Order' 'unsafe Premises' 'council Remedial Works' 'recovery of Expenses and Costs']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Final Hearing for Orders Under S 678(10) of the Local Government Act 1993 (nsw) Following Alleged Non Compliance With a S 124 Order

Legal Issues

  1. 1 ['Whether the Respondents failed to comply with the s 124 Local Government Act 1993 (NSW) order requiring urgent remedial repairs to the chimney.' 'Whether the chimney remained unsafe and required remedial works urgently to avoid risk of collapse and injury.' 'Whether the Court should order the Applicant Council under s 678(10) to exercise its functions by carrying out the remedial works on the Land.' 'Whether the Respondents were registered proprietors and had been properly served despite their non-appearance.']

Ratio Decidendi

The Respondents were the registered proprietors of the Land, had been properly served, and had failed to carry out the remedial works required by the s 124 order. The evidence of Council officer Mr Zapantis established that the chimney remained in an unsafe condition with a risk of collapse and injury. Given the potential risk to persons and property, the Court adopted a precautionary approach and ordered the Council under s 678(10) to carry out the remedial works and recover its reasonable expenses and legal costs.

Court Disposition

Orders made for the Applicant Council to carry out the remedial works, recover reasonable expenses, and recover legal costs.

Orders

  • ["Pursuant to s 678(10) of the Local Government Act 1993 (NSW), the Applicant Council, its servants and agents are to execute the Council's functions under s 678 by carrying out the Remedial Works required at the Land by the Order." 'Subject to service and notice requirements, the Applicant Council, its servants and...