Bobolas v Waverley Council (No 3)

Land and Environment Court

New South Wales

Medium Neutral Citation:

Bobolas v Waverley Council (No 3) [2020] NSWLEC 142

Hearing dates:

5 October 2020

Date of orders:

5 October 2020

Decision date:

05 October 2020

Jurisdiction:

Class 4

Before:

Pain J

Decision:

See [21] of judgment

Catchwords:

PRACTICE AND PROCEDURE – urgent oral application for injunction to prevent council clean-up on private property refused

Legislation Cited:

Local Government Act 1993 (NSW) s 124

Uniform Civil Procedure Rules 2005 (NSW) rr 36.15, 36.16

Cases Cited:

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

ShoalhavenCityCouncilvBridgewaterInvestmentsPtyLtd [2010] NSWLEC 103

Autodesk Inc v Dyason(No 2) (1993) 176 CLR 300; [1993] HCA 6

Texts Cited:

Thomson Reuters, NSW Civil Procedure (online at October 2020)

Category:

Procedural and other rulings

Parties:

Elena Bobolas (First Applicant)
Mary Bobolas (Second Applicant)
Liana Bobolas (Third Applicant)

Representation:

COUNSEL:
Elena and Liana Bobolas, in person (Applicants)
J Reid (Respondent)

SOLICITORS:
N/A (Applicants)
Wilshire Webb (Respondent)

File Number(s):

20/91346

ex tempore Judgment

1. By way of background I note that I gave a decision in Bobolas v Waverley Council (No 2) [2020] NSWLEC 127 (Bobolas No 2) on 1 September 2020. I dismissed the judicial review application lodged by the Applicants in relation to an order issued by the Council pursuant to No 22A in the table to s 124 of the Local Government Act 1993 (NSW) (LG Act) (No 22A Order).

2. The relevant background is set out at [2] of Bobolas No 2 where I stated:

An order can be issued under No 22A in the table to s 124 of the LG Act (No 22A Order) requiring the removal of waste on any residential premises if the waste is causing or likely to cause a threat to public health or the health of any individual. Such an order can be issued to any owner or occupier. The order dated 29 January 2020 attached to the summons (Order) requires the removal of various kinds of putrescible and non-putrescible waste and refraining from collecting such waste on the Property. The reasons for issuing the Order identified in it include that the Property is residential and is adjoined by other similar properties, there is a large amount of waste on the Property in the outside areas and is likely to attract vermin, is combustible and therefore a fire hazard and has been issued to protect the threat to public health posed by the state of the Property. Compliance by no later than 26 February 2020 is specified. There is no appeal right against the Order under the LG Act as s 138(2) provides that no notice of a right to appeal against a No 22A Order need be provided and s 180(5) provides that an appeal right under s 180(1) concerning s 124 orders does not apply to a No 22A Order. The Order states that if it is not complied with, the Council will enter onto the Property and undertake the…