Moree Plains Shire Council v Dennison [2012] NSWLEC 35

Moree Plains Shire Council v Dennison [2012] NSWLEC 35

Because the respondents had not complied with the demolition order served under s 121B of the Environmental Planning and Assessment Act 1979, had not defended the proceedings, and had consented to the orders sought, the Court made modified enforcement orders requiring demolition, permitting the applicant to carry out the work if the respondents failed to comply, and awarding costs to the applicant.

Jurisdiction
Australia
Judgment Date
07 March 2012
Procedural Posture
Class 4 Civil Enforcement / Ex Tempore Judgment
Outcome
Orders made as set out at [4] of the judgment.
Legal Topics
['enforcement of Demolition Order' 'failure to Comply With Order Under S 121 B of the Environmental Planning and Assessment Act 1979']
['environmental Planning and Assessment' 'civil Enforcement'] ['enforcement of Demolition Order' 'failure to Comply With Order Under S 121 B of the Environmental Planning and Assessment Act 1979']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement / Ex Tempore Judgment

Legal Issues

  1. 1 ["Whether the respondents failed to comply with the applicant's order dated 29 April 2010 to demolish a fire damaged building at 65 Anne Street, Moree." 'Whether orders should be made to enforce the demolition order and remedy the breach of the Environmental Planning and Assessment Act 1979.']

Ratio Decidendi

Because the respondents had not complied with the demolition order served under s 121B of the Environmental Planning and Assessment Act 1979, had not defended the proceedings, and had consented to the orders sought, the Court made modified enforcement orders requiring demolition, permitting the applicant to carry out the work if the respondents failed to comply, and awarding costs to the applicant.

Court Disposition

Orders made as set out at [4] of the judgment.

Orders

  • ['Declaration that the respondents have failed to comply with an order by the applicant dated 29 April 2010 to demolish a building on Lot 10 in DP 1035847, known as 65 Anne Street, Moree, pursuant to s 121B of the Environmental Planning and Assessment Act 1979.' 'Order that the respondents, by themselves, their...