Waverley Council v Bobolas (No 3) [2018] NSWLEC 208

Waverley Council v Bobolas (No 3) [2018] NSWLEC 208

A further extension of the stay is not warranted given the generous initial stay, lack of credible evidence supporting need for extension, substantial waste remaining, and ongoing public health risks. Respondents already benefit from Council not taking action until 18 January 2019, enabling additional time to comply.

Parties
Applicant: Waverley Council; First Respondent: Mary Bobolas; Second Respondent: Elena Bobolas; Third Respondent: Liana Bobolas
Jurisdiction
Australia
Judgment Date
19 December 2018
Procedural Posture
Civil Enforcement Proceeding / Notice of Motion to Extend Stay of Final Orders
Outcome
Notice of motion dismissed; costs awarded to Council
Legal Topics
Waste Removal, Public Health, Enforcement Proceedings, Procedural Rulings
Administrative Law Local Government Law Waste Removal Public Health Enforcement Proceedings Procedural Rulings

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Parties

Waverley Council

Applicant

Mary Bobolas

First Respondent

Elena Bobolas

Second Respondent

Liana Bobolas

Third Respondent

Procedural Posture

Civil Enforcement Proceeding / Notice of Motion to Extend Stay of Final Orders

Legal Issues

  1. 1 Should the stay of final orders enabling removal of waste outside residential premises by council be extended?
  2. 2 Should bricks and ladders be exempt from defined waste under court orders?

Ratio Decidendi

A further extension of the stay is not warranted given the generous initial stay, lack of credible evidence supporting need for extension, substantial waste remaining, and ongoing public health risks. Respondents already benefit from Council not taking action until 18 January 2019, enabling additional time to comply.

Court Disposition

Notice of motion dismissed; costs awarded to Council

Orders

  • The Second and Third Respondents' notice of motion dated 11 December 2018 is dismissed.
  • The Second and Third Respondents are to pay the Council's costs of the notice of motion dated 11 December 2018.