Bobolas v Waverley Council (No 2) [2021] NSWLEC 58

Bobolas v Waverley Council (No 2) [2021] NSWLEC 58

The appeal was dismissed because the Applicants had not complied with directions, had filed no material, and did not appear on the second hearing day. Costs were ordered because the Applicants failed to provide information enabling the Council to understand and consider the matter, acted unreasonably in the conduct of the proceedings, and did not accept the Council's offer to discontinue on a no-costs basis.

Jurisdiction
Australia
Judgment Date
28 May 2021
Procedural Posture
Class 2 Appeal Against an Emergency Order Issued Under S 124 of the Local Government Act 1993 (nsw) / Final Hearing; Proceedings Dismissed After Non Appearance and No Evidence Filed
Outcome
Appeal dismissed; Applicants ordered to pay the Council's costs as agreed or assessed.
Legal Topics
['emergency Orders' 'class 2 Appeal' 'non Appearance' 'costs']
['local Government' 'land and Environment' 'practice and Procedure'] ['emergency Orders' 'class 2 Appeal' 'non Appearance' 'costs']

Case Brief

Summary, issues, holding and outcome

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Procedural Posture

Class 2 Appeal Against an Emergency Order Issued Under S 124 of the Local Government Act 1993 (nsw) / Final Hearing; Proceedings Dismissed After Non Appearance and No Evidence Filed

Legal Issues

  1. 1 ["Whether the Applicants' Class 2 appeal against Emergency Order 21 should be dismissed after their non-appearance and failure to file evidence or a statement of facts and contentions." 'Whether costs should be ordered in favour of the Council under r 3.7 of the Land and Environment Court Rules 2007.']

Ratio Decidendi

The appeal was dismissed because the Applicants had not complied with directions, had filed no material, and did not appear on the second hearing day. Costs were ordered because the Applicants failed to provide information enabling the Council to understand and consider the matter, acted unreasonably in the conduct of the proceedings, and did not accept the Council's offer to discontinue on a no-costs basis.

Court Disposition

Appeal dismissed; Applicants ordered to pay the Council's costs as agreed or assessed.

Orders

  • ["The Applicants' appeal dated 13 October 2020 against the Council's Emergency Order 21 pursuant to s 124 of the Local Government Act 1993 issued on 12 October 2020 is dismissed." "The Applicants are to pay the Council's costs of the Class 2 appeal as agreed or assessed."]