Bobolas v Waverley Council (No 4)

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Court of Appeal


Supreme Court


New South Wales

Medium Neutral Citation: Bobolas v Waverley Council (No 4) [2015] NSWCA 337
Hearing dates:23 October 2015
Decision date: 23 October 2015
Before: Basten JA at [54];
Leeming JA at [1], [68];
Tobias AJA at [67]
Decision:

Appeal dismissed, with costs.

Catchwords:

LOCAL GOVERNMENT - enforcement of order to remove waste - whether order invalid - whether order served - whether denial of procedural fairness - no error shown - Local Government Act 1993 (NSW) s 678

  PRACTICE - appeal - adjournment - application for further adjournment refused where history of noncompliance with court directions and application unsupported by evidence
Legislation Cited: Civil Procedure Act 2005 (NSW), ss 56, 57
Land and Environment Court Act 1979 (NSW), ss 20, 58
Local Government Act 1993 (NSW), ss 124, 200, 628, 673, 678, 710
Local Government Legislation (Miscellaneous Amendments) Act 1994 (NSW)
Uniform Civil Procedure Rules 2005 (NSW), r 12.11
Cases Cited: Australian Securities and Investments Commission v ActiveSuper Pty Ltd (in liq) [2015] FCA 342; 105 ACSR 116
Bobolas v Waverley Council [2012] NSWCA 126; 187 LGERA 63
Bobolas v Waverley Council [2014] NSWCA 66
Bobolas v Waverley Council [2014] NSWCA 78
Bobolas v Waverley Council [2014] NSWCA 131
Drew v State of New South Wales [2015] NSWCA 159
Kyogle Shire Council v Muli Muli Local Aboriginal Land Council [2005] NSWCA 4; 62 NSWLR 361
National Australia Bank Ltd v Rusu [1999] NSWSC 539; 47 NSWLR 309
Waverley Council v Bobolas (No 2) [2013] NSWLEC 130
Waverley Council v Bobolas (No 4) [2014] NSWLEC 35
Waverley Council v Bobolas [2013] NSWLEC 119
Texts Cited: New South Wales Legislative Assembly, Parliamentary Debates (Hansard), 3 May 1994
Category:Principal judgment
Parties: Elena Bobolas (First Appellant)
Liana Bobolas (Second Appellant)
Mary Bobolas (Third Appellant)
Waverley Council (Respondent)
Representation:

Counsel:
Appellants in person
A Pickles SC, J Reid (Respondent)
SAC Patterson (Amicus)

  Solicitors:
Wilshire Webb Staunton Beattie, Lawyers (Respondent)
File Number(s):2014/80335
 Decision under appeal 
Court or tribunal:
Land and Environment Court of New South Wales
Jurisdiction:
Class 4
Citation:
[2014] NSWLEC 16
Date of Decision:
04 March 2014
Before:
Biscoe J
File Number(s):
2013/40466

Ex tempore Judgment

  1. LEEMING JA: The appellants, Ms Mary Bobolas and her daughters Elena and Liana, appeal from orders made by the Land and Environment Court pursuant to s 678(10) of the Local Government Act 1993 (NSW) for the carrying out by Waverley Council of works at premises in Boonara Avenue, Bondi, relating to the removal of “all accumulations of waste” from specified areas external to the house: Waverley Council v Bobolas (No 3) [2014] NSWLEC 16.

  2. Ms Elena and Ms Liana Bobolas have made submissions to this Court orally in support of their appeal for most of this morning. The Court briefly adjourned at 12.25 pm on their application to make inquiries as to whether their mother, Ms Mary Bobolas, who was said to be indisposed but in a room in the precincts of the…

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Details
Case
[2015] NSWCA 337
Decision Date

CaseChat Overview and Summary

Basten and Leeming JJA, and Tobias AJA heard an appeal from a decision concerning the enforcement of an order made by Waverley Council requiring the removal of waste. The appellant, Bobolas, challenged the validity of the Council's order and the manner of its service, alleging a denial of procedural fairness.

The primary legal issues before the Court of Appeal were whether the order to remove waste was invalid, whether it had been validly served on the appellant, and whether the appellant had been denied procedural fairness in the making or enforcement of the order. The Court also considered an application for a further adjournment of the appeal.

The Court found no error in the primary judge's decision. It held that the Council's order was valid and had been properly served. Furthermore, the Court concluded that there had been no denial of procedural fairness to the appellant. The application for a further adjournment was refused, as it was unsupported by evidence and the appellant had a history of noncompliance with court directions.

The appeal was dismissed, and the appellant was ordered to pay the costs of the appeal.

Orders

Orders of the court

Appeal dismissed, with costs.

Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

Reasons for decision

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Ratio Decidendi

Legal Principle Established

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