Waverley Council v Bobolas & Ors [2006] NSWLEC 828

Waverley Council v Bobolas & Ors [2006] NSWLEC 828

The Court was satisfied that the first respondent was an owner and occupier of the premises and that the second and third respondents were occupiers; that the modified s 124 item 21 order had been properly served; that the respondents had not complied with it; and that the accumulated rubbish meant the premises were not in a safe or healthy condition. Because the unsafe and unhealthy condition had to be rectified and the Council was the party required to achieve rectification, orders were made permitting the Council to execute its functions and carry out the works.

Jurisdiction
Australia
Judgment Date
15 December 2006
Procedural Posture
Class 4 Civil Enforcement Proceedings / Ex Tempore Ex Parte Judgment and Orders
Outcome
Orders made ex parte for Waverley Council to carry out the clean-up works, with operation suspended for 28 days after service and costs reserved.
Legal Topics
['orders to Clean Up Premises' 'failure to Comply With Council Order' 'unsafe or Unhealthy Premises' 'council Entry to Carry Out Works']
['local Government' 'civil Enforcement' 'land and Environment'] ['orders to Clean Up Premises' 'failure to Comply With Council Order' 'unsafe or Unhealthy Premises' 'council Entry to Carry Out Works']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Ex Tempore Ex Parte Judgment and Orders

Legal Issues

  1. 1 ['Whether the respondents were owners or occupiers of 19 Boonara Avenue, Bondi for the purposes of the Local Government Act 1993 s 124 item 21.' 'Whether the premises were not in a safe or healthy condition because of accumulated waste and rubbish.' "Whether the respondents failed to comply with the Council's order dated 7 March 2006 as modified by the Court on 21 July 2006." 'Whether orders should be made ex parte permitting Waverley Council to carry out the work required by the modified order.']

Ratio Decidendi

The Court was satisfied that the first respondent was an owner and occupier of the premises and that the second and third respondents were occupiers; that the modified s 124 item 21 order had been properly served; that the respondents had not complied with it; and that the accumulated rubbish meant the premises were not in a safe or healthy condition. Because the unsafe and unhealthy condition had to be rectified and the Council was the party required to achieve rectification, orders were made permitting the Council to execute its functions and carry out the works.

Court Disposition

Orders made ex parte for Waverley Council to carry out the clean-up works, with operation suspended for 28 days after service and costs reserved.

Orders

  • ["Pursuant to section 678(10) of the Local Government Act 1993 the applicant Waverley Council, its servants and agents is ordered to execute the Council's functions under section 678 by carrying out the work which was required to be carried out at the premises at 19 Boonara Avenue, Bondi by paragraph (a) of the...