Woollahra Municipal Council v Goldberg [2009] NSWLEC 32

Woollahra Municipal Council v Goldberg [2009] NSWLEC 32

The Council was entitled to commence proceedings given the respondent's lack of satisfactory response to the waste removal order, and is therefore entitled to costs on a party-party basis upon having achieved effective compliance by virtue of the respondent's undertaking.

Source-derived case information.

Parties
Applicant: Woollahra Municipal Council; Respondent: Leon Goldberg
Jurisdiction
Australia
Judgment Date
24 March 2009
Procedural Posture
Class 4 Enforcement Proceeding / Decision on Costs After Proceedings Settled by Undertaking
Outcome
Costs awarded to the applicant on a party-party basis; proceedings otherwise dismissed by consent.
Legal Topics
Costs, Waste Removal Orders, Enforcement Proceedings
Environmental Law Local Government Law Costs Waste Removal Orders Enforcement Proceedings

Source-derived case record

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Parties

Woollahra Municipal Council

Applicant

Leon Goldberg

Respondent

Procedural Posture

Class 4 Enforcement Proceeding / Decision on Costs After Proceedings Settled by Undertaking

Legal Issues

  1. 1 Whether the applicant is entitled to costs after settlement of enforcement proceedings by respondent's undertaking

Ratio Decidendi

The Council was entitled to commence proceedings given the respondent's lack of satisfactory response to the waste removal order, and is therefore entitled to costs on a party-party basis upon having achieved effective compliance by virtue of the respondent's undertaking.

Court Disposition

Costs awarded to the applicant on a party-party basis; proceedings otherwise dismissed by consent.

Orders

  • The Respondent is ordered to pay the Applicant's costs of these proceedings on a party-party basis, as agreed or assessed according to law.
  • The Exhibits may be returned to Mr Goldberg.