Manly Council v Moffit [2006] NSWLEC 184

Manly Council v Moffit [2006] NSWLEC 184

At the time Council's Order was made, the respondent's premises were not in a safe or healthy condition and the council had power under Local Government Act 1993 s 124 order 21 to require work to place the premises in a safe or healthy condition. The respondent had only partly complied before proceedings commenced, there had been little or no compliance concerning the interior, and the premises remained not in a safe or healthy condition. Because enforcement required entry to residential premises and none of the s 200 exceptions applied, the council required an order of the Court under s 678(10). The Court therefore ordered Manly Council to exercise its s 678 functions, with a 14 day stay...

Jurisdiction
Australia
Judgment Date
13 April 2006
Procedural Posture
Proceedings by Council Seeking Enforcement of a Council Order Under Local Government Act 1993 S 678(10) / Final Judgment and Orders
Outcome
Application granted; order made under Local Government Act 1993 s 678(10), stayed for 14 days; respondent ordered to pay applicant's costs.
Legal Topics
['council Orders' 'entry to Residential Premises' 'failure to Comply With Order' 'health and Safety Risks' 'costs']
['local Government Law' 'environmental and Planning Law' 'land and Environment Court Procedure'] ['council Orders' 'entry to Residential Premises' 'failure to Comply With Order' 'health and Safety Risks' 'costs']

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Procedural Posture

Proceedings by Council Seeking Enforcement of a Council Order Under Local Government Act 1993 S 678(10) / Final Judgment and Orders

Legal Issues

  1. 1 ['Whether a Court order is required before a council can enter residential premises to carry out work required by a council order issued under Local Government Act 1993 s 124.' "Whether Council's Order was validly made under Local Government Act 1993 s 124 order 21." "Whether the respondent failed to comply with Council's Order." 'Whether the premises remained not in a safe or healthy condition.' 'Whether the applicant should be awarded costs.']

Ratio Decidendi

At the time Council's Order was made, the respondent's premises were not in a safe or healthy condition and the council had power under Local Government Act 1993 s 124 order 21 to require work to place the premises in a safe or healthy condition. The respondent had only partly complied before proceedings commenced, there had been little or no compliance concerning the interior, and the premises remained not in a safe or healthy condition. Because enforcement required entry to residential premises and none of the s 200 exceptions applied, the council required an order of the Court under s 678(10). The Court therefore ordered Manly Council to exercise its s 678 functions, with a 14 day stay...

Court Disposition

Application granted; order made under Local Government Act 1993 s 678(10), stayed for 14 days; respondent ordered to pay applicant's costs.

Orders

  • ["Pursuant to Section 678(10) of the Local Government Act 1993, Manly Council is ordered to execute Council's functions under s 678 by carrying out the work which is required to be carried out by paragraph 1 of the Order dated 6 June 2005 given to the respondent pursuant to Section 124 of the Local Government Act...