Fairfield City Council v Michael Patrick Keogh

Land and Environment Court

New South Wales

Medium Neutral Citation:

Fairfield City Council v Michael Patrick Keogh [2013] NSWLEC 90

Hearing dates:

11 April and 20 June 2013

Decision date:

20 June 2013

Jurisdiction:

Class 4

Before:

Pepper J

Decision:

The Court orders that:

(1) that within a period of forty (40) days from the date of this order, the respondent place and keep the premises at 8 Barkley Street, Carramar, NSW, in a healthy condition by cutting and/or slashing and removing the overgrown vegetation (grass) from the premises;

(2) an order that if the respondent does not comply with order 1 within the time referred to in that order, then pursuant to s 678(1) of the Local Government Act 1993 that the applicant enter the land and do all such things as are necessary or convenient to give effect to the terms of the order, including the carrying out of any work required by the order;

(3) an order that the applicant give the respondent seven (7) days written notice of any time that the applicant intends to enter the land and give effect to the terms of order 2; and

(4) an order that the respondent pay the applicant's costs of the proceedings as agreed or assessed.

Catchwords:

CIVIL ENFORCEMENT: non-compliance with orders by council to cut and remove overgrown grass - whether order breached - whether appropriate to order compliance with order - whether appropriate to make further order for council to carry out the work required in the event of non-compliance by the respondent.

Legislation Cited:

Local Government Act 1993, ss 124, 132, 627, 672, 678

Cases Cited:

Council of the City of Sydney v The Estate of the Late Alfred Sulligoi care of The Public Trustee [2007] NSWLEC 778

Manly Council v Moffit [2006] NSWLEC 184; (2006) 146 LGERA 215

North Sydney Council v Wouters [2012] NSWLEC 94

Waverley Council v Bobolas (No 2) [2009] NSWLEC 211

Category:

Principal judgment

Parties:

Fairfield City Council (Applicant)
Michael Patrick Keogh (Respondent)

Representation:

Mr J Thompson (Solicitor) (Applicant)
N/A (Respondent)
Ritchie & Castellan Solicitors (Applicant)
N/A (Respondent)

File Number(s):

40072 of 2013

Judgment

Mr Keogh Fails to Comply with an Order Issued by the Council to Cut and Remove Overgrown Grass On His Property

1. By summons filed 1 February 2013, the applicant, Fairfield City Council ("the council"), seeks to enforce the terms of an Order 21 dated 2 October 2012, issued under s 124 of the Local Government Act 1993 ("the LGA") ("the Order"). The Order was to, in effect, cut and remove overgrown grass on the property of the respondent.

1. The respondent, Mr Michael Keogh, is the registered proprietor of Lot 6 DP 13649, namely, 8 Barkley Street, Carramar, New South Wales 2163 ("the property").

1. On 3 August 2012, pursuant to s 132 of the LGA, the council served a Notice of Proposed Order on Mr Keogh to cut and remove the overgrown grass on his property. He did not reply to the Notice.