Wollondilly Shire Council v Blacker [2011] NSWLEC 182

Wollondilly Shire Council v Blacker [2011] NSWLEC 182

Because Keith Davis and Shirley Davis were the occupants directly affected by the April 2011 consent orders, had only recently become aware of them, faced hardship in relocating, and the Council had represented that nothing would be done until 16 December 2011, it was appropriate by consent of Mr Davis and the Council to join them and vary the orders so that they were not required to relocate and vacate before 16 December 2011, with removal of the moveable dwelling to follow within 21 days after compliance with the varied order 4.

Jurisdiction
Australia
Judgment Date
17 October 2011
Procedural Posture
Class 4 Civil Enforcement Proceedings / Notice of Motion by Third Party Occupants for Joinder, Interim Restraint and Variation of Consent Orders; Ex Tempore Decision
Outcome
Consent orders varied; Keith Davis and Shirley Davis added as sixth and seventh respondents; costs of the notice of motion reserved.
Legal Topics
['civil Enforcement Proceedings' 'variation of Consent Orders' 'joinder of Parties' 'interim Injunction' 'development Consent Compliance' 'occupation and Removal of Moveable Dwelling']
['environmental Planning Law' 'civil Procedure'] ['civil Enforcement Proceedings' 'variation of Consent Orders' 'joinder of Parties' 'interim Injunction' 'development Consent Compliance' 'occupation and Removal of Moveable Dwelling']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Notice of Motion by Third Party Occupants for Joinder, Interim Restraint and Variation of Consent Orders; Ex Tempore Decision

Legal Issues

  1. 1 ['Whether Keith Davis and Shirley Davis should be joined as parties to the proceedings under Uniform Civil Procedure Rules 2005 r 6.24(1).' 'Whether consent orders made on 15 April 2011 should be varied under Uniform Civil Procedure Rules 2005 r 36.16(3) to extend time for relocation, vacation and removal of the moveable dwelling affecting Keith Davis and Shirley Davis.' 'Whether interim restraint should prevent removal of the moveable dwelling and associated structures pending determination of the motion.']

Ratio Decidendi

Because Keith Davis and Shirley Davis were the occupants directly affected by the April 2011 consent orders, had only recently become aware of them, faced hardship in relocating, and the Council had represented that nothing would be done until 16 December 2011, it was appropriate by consent of Mr Davis and the Council to join them and vary the orders so that they were not required to relocate and vacate before 16 December 2011, with removal of the moveable dwelling to follow within 21 days after compliance with the varied order 4.

Court Disposition

Consent orders varied; Keith Davis and Shirley Davis added as sixth and seventh respondents; costs of the notice of motion reserved.

Orders

  • ['Keith Davis and Shirley Davis be added as sixth and seventh respondents to the proceedings.' 'Order 4 of the consent orders of 15 April 2011 be varied so that the first to fifth respondents arrange for the relocation of the occupants, being the sixth and seventh respondents, and vacation by those occupants from...