Bobolas v Waverley Council (No 3)

Land and Environment Court

New South Wales

Medium Neutral Citation:

Bobolas v Waverley Council (No 3) [2021] NSWLEC 63

Hearing dates:

4 June 2021

Date of orders:

8 June 2021

Decision date:

08 June 2021

Jurisdiction:

Class 4

Before:

Duggan J

Decision:

See paragraphs 53 and 54

Catchwords:

JUDICIAL REVIEW – Council exercise of power to carry out work the subject of an order s 129(1) LGA – validity of s 22A order issued under s 124 Local Government Act 1993 requiring removal of waste from residential premises – period for compliance with order under s 137 appropriate – no minimum statutory notice period to permit Council to exercise powers under s 678(1) – service of notice by letter sufficient – no requirement by Council to remove and store items of value – no anticipated breach by Council – no jurisdiction to determine allegation of discrimination

Legislation Cited:

Local Government Act 1993

Cases Cited:

Bobolas v Waverley Council (No 2) [2020] NSWLEC 127

Bobolas v Waverley Council (No 4) [2015] NSWCA 337

Category:

Principal judgment

Parties:

Liana Bobolas (First Applicant)
Elena Bobolas (Second Applicant)
Mary Bobolas (Third Applicant)
Waverley Council (Respondent)

Representation:

Counsel:
L Bobolas, in person (First Applicant)
E Bobolas, in person (Second Applicant)
E Bobolas, agent (Third Applicant)
L Sims (Respondent)

Solicitors:
N/A (Applicants)
Wilshire Webb Staunton Beattie (Respondent)

File Number(s):

2021/152006

Publication restriction:

No

EX TEMPORE Judgment

1. HER HONOUR: In these proceedings Mrs Mary Bobolas, Ms Liana Bobolas and Ms Elena Boboloas (the Applicants) seek orders restraining the Respondent, Waverley Council (the Council) from entering on land at 19 Boonara Avenue, Bondi (the Premises) owned by Mrs Mary Bobolas and occupied by the Applicants pursuant to s 678(1) of the Local Government Act 1993 (LG Act) for the purposes of giving effect to the terms of an order issued to Mrs Mary Bobolas pursuant to s 124, Order 22A. The Council had given notice to Mrs Mary Bobolas that it had intended to enter upon the Premises and carry out work on 1 June 2021.

2. The proceedings were filed in Court on 27 May 2021. The matter came before me as duty judge for hearing of an interlocutory application. Having regard to the nature of the matter the proceedings were fixed for final hearing before me on 4 June 2021. At that time, the Council undertook not to enter upon the Premises until one day after the determination of the proceedings.

3. Ms Elena Bobolas sought leave to act as agent for Mrs Mary Bobolas at the hearing of this matter. Mrs Mary Bobolas’ authority for her daughter to act as her agent was tendered in the proceedings. Leave was granted for Ms Elena Bobolas to act as agent for Mrs Mary Bobolas.

Facts

4. On 29 January 2020 the Council issued to Mrs Mary Bobolas, as owner of the Premises, a 22A order pursuant to the provisions of s 124 of the LG Act (the Order). The terms…