Lismore City Council v Hamshaw (No 2) [2013] NSWLEC 205

Lismore City Council v Hamshaw (No 2) [2013] NSWLEC 205

Final orders were made to give effect to findings in the principal judgment which determined specific remedial actions were required to ensure that the swimming pool complied with statutory safety requirements and relevant Australian standards. The Council's draft orders were adopted, and no further evidence was permitted after the delivery of the ex tempore judgment.

Jurisdiction
Australia
Judgment Date
29 November 2013
Procedural Posture
Class 4 / Final Consequential Orders After Ex Tempore Judgment
Outcome
Final orders made to give effect to earlier judgment; Respondents required to undertake specified works; costs awarded to Applicant.
Legal Topics
['swimming Pool Safety' 'compliance With Australian Standards' 'court Orders for Property Works']
['environmental Law'] ['swimming Pool Safety' 'compliance With Australian Standards' 'court Orders for Property Works']

Case Brief

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Procedural Posture

Class 4 / Final Consequential Orders After Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the swimming pool and surrounding structures on the Property comply with legislative requirements regarding safety barriers and standards' 'Whether the Respondents are required to undertake remedial work to comply with the Swimming Pools Act 1992']

Ratio Decidendi

Final orders were made to give effect to findings in the principal judgment which determined specific remedial actions were required to ensure that the swimming pool complied with statutory safety requirements and relevant Australian standards. The Council's draft orders were adopted, and no further evidence was permitted after the delivery of the ex tempore judgment.

Court Disposition

Final orders made to give effect to earlier judgment; Respondents required to undertake specified works; costs awarded to Applicant.

Orders

  • ['Order pursuant to s 30 of the Swimming Pools Act 1992 requiring First Respondent to undertake specified works on or to the swimming pool at 9 Taylor Road, Chilcotts Grass.' 'Works to include construction and modification of fences, relocation of objects and spa, and removal of climbable objects within defined...