Maitland City Council v Khalil [2012] NSWLEC 58

Maitland City Council v Khalil [2012] NSWLEC 58

The respondent was personally served with valid statutory orders, failed to comply with them, and had no legal defence based on vandalism, alleged Council responsibility, abuse of power or impecuniosity. Because there was no real likelihood that he would carry out the required works within six months or any reasonable time, and the building posed risks to persons and property, it was appropriate to declare non-compliance and order the Council to exercise its statutory functions to carry out the work required by the orders.

Jurisdiction
Australia
Judgment Date
29 February 2012
Procedural Posture
Class 4 Civil Enforcement Proceedings / Ex Tempore Judgment and Final Orders
Outcome
Declarations and orders made for the applicant; respondent ordered to pay the applicant's costs.
Legal Topics
['failure to Comply With Statutory Orders to Repair or Structurally Alter a Building' 'failure to Comply With Statutory Order to Remove Waste' 'council Carrying Out Work Required by Statutory Orders' 'class 4 Jurisdiction' 'costs Follow the Event']
['environmental Planning and Assessment' 'local Government' 'civil Enforcement' 'costs'] ['failure to Comply With Statutory Orders to Repair or Structurally Alter a Building' 'failure to Comply With Statutory Order to Remove Waste' 'council Carrying Out Work Required by Statutory Orders' 'class 4 Jurisdiction' 'costs Follow the Event']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Ex Tempore Judgment and Final Orders

Legal Issues

  1. 1 ['Whether the respondent failed to comply with an order under s 121B of the Environmental Planning and Assessment Act 1979 requiring repair or structural alteration of the building.' 'Whether the respondent failed to comply with an order under s 124 of the Local Government Act 1993 requiring removal and disposal of waste.' "Whether the respondent's complaints about service, vandalism, alleged abuse of power and impecuniosity provided a defence to non-compliance." 'Whether the Court should order the Council to carry out the work required by the statutory orders.' "Whether the respondent should pay the Council's costs."]

Ratio Decidendi

The respondent was personally served with valid statutory orders, failed to comply with them, and had no legal defence based on vandalism, alleged Council responsibility, abuse of power or impecuniosity. Because there was no real likelihood that he would carry out the required works within six months or any reasonable time, and the building posed risks to persons and property, it was appropriate to declare non-compliance and order the Council to exercise its statutory functions to carry out the work required by the orders.

Court Disposition

Declarations and orders made for the applicant; respondent ordered to pay the applicant's costs.

Orders

  • ['Declares that the order in respect of the subject land pursuant to s 121B of the Environmental Planning and Assessment Act 1979 dated 12 October 2010 addressed to the respondent has not been complied with.' 'Declares that the order in respect of the subject land pursuant to s 124 of the Local Government Act 1993...