Pittwater Council v Martoriati (No 4) [2014] NSWLEC 111

Pittwater Council v Martoriati (No 4) [2014] NSWLEC 111

Time for compliance with orders requiring remedial works to land and house should be extended, as respondent has made progress and further delay is necessary for completion without compromising structural safety; costs of extended proceedings should be borne by the respondent due to his own delays.

Jurisdiction
Australia
Judgment Date
27 June 2014
Procedural Posture
Civil Enforcement / Consequential Orders on Notice of Motion to Extend Time to Comply With Remedial Works Orders
Outcome
Motion granted for extension of time. Costs ordered against respondent.
Legal Topics
['civil Enforcement' 'orders for Remedial Works' 'extension of Time' 'costs Orders']
['environmental Law' 'local Government Law'] ['civil Enforcement' 'orders for Remedial Works' 'extension of Time' 'costs Orders']

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Procedural Posture

Civil Enforcement / Consequential Orders on Notice of Motion to Extend Time to Comply With Remedial Works Orders

Legal Issues

  1. 1 ['Should time to comply with Court orders for remedial works to land and house be further extended?' 'Are the design documents for remedial works adequate for purpose of extending time?' "Should Mr Martoriati pay Pittwater Council's costs for extended hearings?"]

Ratio Decidendi

Time for compliance with orders requiring remedial works to land and house should be extended, as respondent has made progress and further delay is necessary for completion without compromising structural safety; costs of extended proceedings should be borne by the respondent due to his own delays.

Court Disposition

Motion granted for extension of time. Costs ordered against respondent.

Orders

  • ['Extend time to carry out remedial works specified in order 5 to 16 February 2015.' 'Extend time to provide the design specified in order 6(c) to 15 April 2015.' 'Extend time to carry out work specified in order 6 to 15 July 2014.' "Mr Martoriati to pay Pittwater Council's costs of hearings on 5 and 27 June 2014."]