Pittwater Council v Martoriati (No 2) [2013] NSWLEC 120

Pittwater Council v Martoriati (No 2) [2013] NSWLEC 120

The Court extended the time for compliance with and varied the original orders concerning permanent works, by consent of parties, and ordered the respondent to pay the applicant's costs for the notice of motion, as the circumstances and agreement of the parties made this reasonable.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
04 July 2013
Procedural Posture
Civil Enforcement / Notice of Motion for Consequential Orders
Outcome
Orders made by consent extending and varying compliance, respondent to pay applicant's costs.
Legal Topics
['compliance With Court Orders' 'extension of Time' 'variation of Orders' 'costs']
['environmental Law' 'civil Procedure'] ['compliance With Court Orders' 'extension of Time' 'variation of Orders' 'costs']

Source-derived case record

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Procedural Posture

Civil Enforcement / Notice of Motion for Consequential Orders

Legal Issues

  1. 1 ['Should the time for compliance with court orders be extended?' 'Should the court orders concerning permanent works be varied to permit implementation of designs proposed by engineers?' "Should the respondent pay the applicant's costs?"]

Ratio Decidendi

The Court extended the time for compliance with and varied the original orders concerning permanent works, by consent of parties, and ordered the respondent to pay the applicant's costs for the notice of motion, as the circumstances and agreement of the parties made this reasonable.

Court Disposition

Orders made by consent extending and varying compliance, respondent to pay applicant's costs.

Orders

  • ['Contempt charges are purged as applicant complied and remedied breaches.' 'Ongoing fine of $2,000 per month discharged.' 'Order 5 of 23 May 2012 varied to require works in accordance with engineer’s assessment.' 'Order 5(c) replaced to require certified copy of design to Council.' 'Order 5(g) replaced regarding...