Waverley Council v Bobolas (No 2) [2018] NSWLEC 144

Waverley Council v Bobolas (No 2) [2018] NSWLEC 144

Because Bobolas No 1 had determined that orders arising from s 678(10) of the Local Government Act 1993 should issue against the Second and Third Respondents, and after hearing further argument on the terms of the draft orders, the Court finalised orders allowing the Applicant to carry out the Removal Works, with substantive orders stayed for 60 working days to permit the Respondents to undertake the works. No orders were made against the First Respondent at this stage.

Jurisdiction
Australia
Judgment Date
14 September 2018
Procedural Posture
Class 4 Proceedings / Final Consequential Orders Following Judgment
Outcome
Final orders made; substantive orders stayed for 60 working days; proceedings against the First Respondent stood over.
Legal Topics
['execution of Council Functions' 'removal Works' 'final Orders' 'costs']
['local Government' 'land and Environment'] ['execution of Council Functions' 'removal Works' 'final Orders' 'costs']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Class 4 Proceedings / Final Consequential Orders Following Judgment

Legal Issues

  1. 1 ['Whether final orders should be made under s 678(10) of the Local Government Act 1993 against the Second and Third Respondents for the Applicant to carry out Removal Works required by a Removal Order.' 'Whether any orders should be made against the First Respondent, Mary Bobolas.' 'What terms should govern access to the Premises and execution of the Removal Works.']

Ratio Decidendi

Because Bobolas No 1 had determined that orders arising from s 678(10) of the Local Government Act 1993 should issue against the Second and Third Respondents, and after hearing further argument on the terms of the draft orders, the Court finalised orders allowing the Applicant to carry out the Removal Works, with substantive orders stayed for 60 working days to permit the Respondents to undertake the works. No orders were made against the First Respondent at this stage.

Court Disposition

Final orders made; substantive orders stayed for 60 working days; proceedings against the First Respondent stood over.

Orders

  • ['The Court defined "House", "Premises", "Removal Order", "Removal Works" and "Works" for the purposes of the orders.' "Subject to compliance with the notice provision in Order 3 and pursuant to s 678(10) of the Local Government Act 1993, the Applicant, its servants and agents may execute the Council's functions...