Orange City Council v Kjoller [2009] NSWLEC 184

Orange City Council v Kjoller [2009] NSWLEC 184

On the evidence, including the council officer's inspections, the respondent's concessions and the site visit, the respondent had not complied with the majority of the earlier orders and the property continued to raise health and safety concerns; it was therefore appropriate to make the consent declaration and consequential clean up, maintenance and costs orders in the amended summons.

Jurisdiction
Australia
Judgment Date
20 October 2009
Procedural Posture
Civil Enforcement Proceedings Seeking Declarations and Consequential Orders Under the Local Government Act 1993 / Ex Tempore Judgment on Amended Summons; Orders Made by Consent
Outcome
Declaration and consequential orders made by consent.
Legal Topics
['declarations' 'clean Up Orders' 'non Compliance With Court Orders' 'premises Not in Safe or Healthy Condition' 'self Represented Litigant' 'costs']
['local Government Law' 'environmental Law' 'civil Enforcement'] ['declarations' 'clean Up Orders' 'non Compliance With Court Orders' 'premises Not in Safe or Healthy Condition' 'self Represented Litigant' 'costs']

Case Brief

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Procedural Posture

Civil Enforcement Proceedings Seeking Declarations and Consequential Orders Under the Local Government Act 1993 / Ex Tempore Judgment on Amended Summons; Orders Made by Consent

Legal Issues

  1. 1 ['Whether the respondent had failed to comply with previous clean up orders made pursuant to s 124 of the Local Government Act 1993.' "Whether it was appropriate for the Court to make the declaration sought by the council despite the parties' consent." 'Whether consequential orders should be made requiring the respondent to clean up and maintain the property by a specified date.']

Ratio Decidendi

On the evidence, including the council officer's inspections, the respondent's concessions and the site visit, the respondent had not complied with the majority of the earlier orders and the property continued to raise health and safety concerns; it was therefore appropriate to make the consent declaration and consequential clean up, maintenance and costs orders in the amended summons.

Court Disposition

Declaration and consequential orders made by consent.

Orders

  • ['The Court declared that the respondent failed to comply with orders 1, 2, 3, 4, 5 and 8 of the orders issued pursuant to s 124 of the Local Government Act 1993, order no. 21 dated 11 March 2008 and modified by the Land and Environment Court on 17 July 2008.' 'The respondent must carry out the terms of orders 1, 2,...