M Bobolas and Ors v Waverley Council [2005] NSWLEC 578

M Bobolas and Ors v Waverley Council [2005] NSWLEC 578

Because the related class 4 proceedings were dismissed and the Council agreed to withdraw paragraph (b) of the s 124 orders, the remaining balance of the appeal was upheld by consent with no order as to costs.

Jurisdiction
Australia
Judgment Date
12 October 2005
Procedural Posture
Appeal Under S 180 of the Local Government Act 1993 Against Orders Under S 124 of That Act / Final Disposal by Consent Following Orders in Related Class 4 Proceedings
Outcome
Balance of the appeal upheld by consent; paragraph (b) of the s 124 orders withdrawn; no order as to costs.
Legal Topics
['s 124 Order Requiring Clean Up' 'appeal Against Council Orders' 'waste Storage at Residential Premises' 'disposal by Consent']
['local Government' 'land and Environment'] ['s 124 Order Requiring Clean Up' 'appeal Against Council Orders' 'waste Storage at Residential Premises' 'disposal by Consent']

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Procedural Posture

Appeal Under S 180 of the Local Government Act 1993 Against Orders Under S 124 of That Act / Final Disposal by Consent Following Orders in Related Class 4 Proceedings

Legal Issues

  1. 1 ['How to dispose of the undetermined part of the appeal concerning paragraph (b) of the s 124 orders restraining use of residential premises for storing wastes after dismissal of related class 4 proceedings.']

Ratio Decidendi

Because the related class 4 proceedings were dismissed and the Council agreed to withdraw paragraph (b) of the s 124 orders, the remaining balance of the appeal was upheld by consent with no order as to costs.

Court Disposition

Balance of the appeal upheld by consent; paragraph (b) of the s 124 orders withdrawn; no order as to costs.

Orders

  • ['Paragraph (b) of the order dated 18 March 2005 pursuant to s 124 of the Local Government Act 1993 given to each of the Applicants is withdrawn.' 'The balance of the appeal which was adjourned on 19 July 2005 is upheld.' 'No order as to costs in the proceedings']