Bobolas v Waverley Council (No 3) [2021] NSWLEC 63

Bobolas v Waverley Council (No 3) [2021] NSWLEC 63

The Summons was dismissed because the Council's Notice gave a valid and sufficient period of notice, s 200 of the Local Government Act 1993 did not constrain the Council's s 678(1) power, the Notice sufficiently identified the proposed entry and removal or disposal of waste and was adequately served, there was no statutory or order-based requirement for Council to identify and store valuable items, no threatened or apprehended breach by Council was established, the Court lacked jurisdiction to determine general discrimination allegations, and Mrs Mary Bobolas' psychological condition did not provide a legal basis to prevent enforcement of the Order.

Jurisdiction
Australia
Judgment Date
08 June 2021
Procedural Posture
Class 4 Judicial Review Proceedings Seeking Orders Restraining Council Entry and Works Under the Local Government Act 1993 / Final Hearing of Summons Filed on 27 May 2021; Ex Tempore Judgment
Outcome
Summons dismissed; costs reserved.
Legal Topics
['local Government Act 1993 S 124 Order 22 A' 'council Power to Enter Premises and Carry Out Work Under S 678(1)' 'period for Compliance With Orders Under S 137' 'service and Sufficiency of Notice' 'residential Premises and S 200' 'threatened or Apprehended Breach' 'court Jurisdiction Over Discrimination Allegations']
['local Government' 'judicial Review' 'land and Environment' 'administrative Law'] ['local Government Act 1993 S 124 Order 22 A' 'council Power to Enter Premises and Carry Out Work Under S 678(1)' 'period for Compliance With Orders Under S 137' 'service and Sufficiency of Notice' 'residential Premises and S 200' 'threatened or Apprehended Breach' 'court Jurisdiction Over Discrimination Allegations']

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Procedural Posture

Class 4 Judicial Review Proceedings Seeking Orders Restraining Council Entry and Works Under the Local Government Act 1993 / Final Hearing of Summons Filed on 27 May 2021; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the Council gave a reasonable and valid period of notice before exercising powers under s 678(1) of the Local Government Act 1993.' 'Whether s 200 of the Local Government Act 1993 prevented Council entry onto residential premises for the purpose of giving effect to the Order.' 'Whether the Notice sufficiently stated the steps the Council proposed to take and was validly served.' 'Whether the Council was required to remove and store items of value rather than dispose of them.' 'Whether there was a threatened or apprehended breach of the Local Government Act 1993 by Council removing exempt or non-waste material or causing damage.' 'Whether the Court had jurisdiction to determine discrimination allegations.' "Whether Mrs Mary Bobolas' psychological condition provided a legal basis to prevent enforcement of the Order."]

Ratio Decidendi

The Summons was dismissed because the Council's Notice gave a valid and sufficient period of notice, s 200 of the Local Government Act 1993 did not constrain the Council's s 678(1) power, the Notice sufficiently identified the proposed entry and removal or disposal of waste and was adequately served, there was no statutory or order-based requirement for Council to identify and store valuable items, no threatened or apprehended breach by Council was established, the Court lacked jurisdiction to determine general discrimination allegations, and Mrs Mary Bobolas' psychological condition did not provide a legal basis to prevent enforcement of the Order.

Court Disposition

Summons dismissed; costs reserved.

Orders

  • ['The Summons filed on 27 May 2021 is dismissed.' 'The exhibits are returned.' 'Costs are reserved.' 'The Court notes the undertaking of the Council that it will not enter the Premises for the purposes of giving effect to the order on or before 16 June 2021.']