Cmunt v Snowy Monaro Regional Council [2018] NSWCA 237

Cmunt v Snowy Monaro Regional Council [2018] NSWCA 237

The appeal was dismissed as all grounds were found to lack merit; the Council had jurisdiction and standing under statutory provisions, the evidence supported findings of breaches and procedural fairness was accorded throughout the proceedings.

Parties
First Appellant: Marie Cmunt; Second Appellant: Jiri Cmunt; Respondent: Snowy Monaro Regional Council
Jurisdiction
Australia
Judgment Date
22 October 2018
Procedural Posture
Appeal / Appeal Judgment
Outcome
Appeal dismissed with costs
Legal Topics
Local Government Powers, Environmental Planning, Enforcement of Council Orders, Procedural Fairness
Land & Environment Local Government Powers Environmental Planning Enforcement of Council Orders Procedural Fairness

Case Brief

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Parties

Marie Cmunt

First Appellant

Jiri Cmunt

Second Appellant

Snowy Monaro Regional Council

Respondent

Procedural Posture

Appeal / Appeal Judgment

Legal Issues

  1. 1 Whether the council had jurisdiction and standing to issue notices/orders and bring proceedings
  2. 2 Whether the evidence before the primary judge supported the council's claims
  3. 3 Whether procedural fairness was afforded to appellants

Ratio Decidendi

The appeal was dismissed as all grounds were found to lack merit; the Council had jurisdiction and standing under statutory provisions, the evidence supported findings of breaches and procedural fairness was accorded throughout the proceedings.

Court Disposition

Appeal dismissed with costs

Orders

  • Respondents to cease keeping dogs on the premises within 60 days.
  • Respondents to comply with structures removal order within 60 days.