Bobolas v Waverley Council [2015] NSWCA 204

Bobolas v Waverley Council [2015] NSWCA 204

There is no manifest basis to stay the operation of the orders with respect to removal of waste, as the orders were not shown to be beyond power or to lack procedural fairness, and public health and safety outweigh the applicants’ limited prejudice; the motion is dismissed except as conceded by Council.

Jurisdiction
Australia
Judgment Date
13 July 2015
Procedural Posture
Appeal / Application for Stay Pending Appeal
Outcome
Motion dismissed except to the extent of Council’s concession; partial stay granted.
Legal Topics
['stay of Execution' 'public Health and Safety' 'procedural Fairness']
['administrative Law' 'local Government Law' 'civil Procedure'] ['stay of Execution' 'public Health and Safety' 'procedural Fairness']

Case Brief

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Procedural Posture

Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 ['Whether there should be a stay of the orders made by Sheahan J pending appeal' 'Whether the orders made by Sheahan J were beyond power or procedurally unfair' 'Whether proper notice and service of the orders was effected']

Ratio Decidendi

There is no manifest basis to stay the operation of the orders with respect to removal of waste, as the orders were not shown to be beyond power or to lack procedural fairness, and public health and safety outweigh the applicants’ limited prejudice; the motion is dismissed except as conceded by Council.

Court Disposition

Motion dismissed except to the extent of Council’s concession; partial stay granted.

Orders

  • ["Stay on giving effect to orders 5 and 6 made by Sheahan J on 24 April 2015, with related provisions referring to 'the Works' limited to 'the Removal Works', pending determination of the appeal." 'Otherwise dismiss the motion filed in this Court on 8 July 2015.' 'Costs of the motion to be costs in the appeal.']