Bobolas v Waverley Council (No 4)

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.