Pittwater Council v Mundy [2016] NSWLEC 3

Pittwater Council v Mundy [2016] NSWLEC 3

The Court found, on the evidence, that the Respondent had not complied with the order under s 124 of the Local Government Act 1993 in respect of encroaching works from his land onto Council-controlled public land; it was appropriate to make a declaration of non-compliance, further orders for compliance referencing the Court's timeline, and orders empowering the Council to carry out the works and recover costs in the event of continued default.

Jurisdiction
Australia
Judgment Date
16 February 2016
Procedural Posture
Civil Enforcement / Ex Parte Hearing of Application for Declaratory and Consequential Relief
Outcome
Orders made for compliance with Council order, allowing Council to carry out works if not complied with; orders for costs against Respondent; declaration of non-compliance.
Legal Topics
['non Compliance With Council Order' 'remediation of Unauthorised Works' 'encroachment on Public Land' 'costs Orders']
['environmental Law' 'local Government Law'] ['non Compliance With Council Order' 'remediation of Unauthorised Works' 'encroachment on Public Land' 'costs Orders']

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Procedural Posture

Civil Enforcement / Ex Parte Hearing of Application for Declaratory and Consequential Relief

Legal Issues

  1. 1 ["Whether the Respondent has complied with the Council's order under s 124 of the Local Government Act 1993 regarding unauthorised works and encroachment on public land" 'Whether declaratory and consequential orders should be made requiring compliance with the order and empowering the Council to carry out remedial works in default']

Ratio Decidendi

The Court found, on the evidence, that the Respondent had not complied with the order under s 124 of the Local Government Act 1993 in respect of encroaching works from his land onto Council-controlled public land; it was appropriate to make a declaration of non-compliance, further orders for compliance referencing the Court's timeline, and orders empowering the Council to carry out the works and recover costs in the event of continued default.

Court Disposition

Orders made for compliance with Council order, allowing Council to carry out works if not complied with; orders for costs against Respondent; declaration of non-compliance.

Orders

  • ['Declaration of non-compliance with Council order as of 17 October 2014 under s 124 Local Government Act 1993.' 'Order that Respondent comply with Council order, with all time references now referring to date of this order.' "Order (pursuant to s 678 Local Government Act 1993) that Council may carry out works in...