North Sydney v O'Hara [2000] NSWLEC 281

Resolution of dispute by making procedural directions to facilitate structural engineer certification, selection process, payment for certification, and subsequent compliance with council's requirements.

Source-derived case information.

Jurisdiction: Australia
Judgment Date: 20 December 2000
Procedural Posture: Notice of Motion / Post Order Compliance Directions
Outcome: Proceedings adjourned with procedural directions for compliance and dispute resolution.
Legal Topics: ['enforcement Procedure' 'council Orders' 'certification of Structural Works']

['environmental Law' 'local Government Law'] ['enforcement Procedure' 'council Orders' 'certification of Structural Works']

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Procedural Posture

Notice of Motion / Post Order Compliance Directions

Legal Issues

1 ['Procedure for compliance with council order regarding roof tiling and structural certification.' 'Allocation of responsibility for selecting and compensating structural engineer.' 'Withdrawal of infringement notice related to stored tiles.']

Ratio Decidendi

Court Disposition

Proceedings adjourned with procedural directions for compliance and dispute resolution.

Orders

["Council to provide list of structural engineers to Ms O'Hara within fourteen days." "Ms O'Hara to notify council solicitor of selected or proposed engineer within fourteen days thereafter." "Ms O'Hara to commission the agreed engineer after consultation with council solicitor; engineer's costs paid by council."...

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