M Bobolas v Waverley Council

[2005] NSWLEC 578

Land and Environment Court

of New South Wales

CITATION:

M Bobolas and Ors v Waverley Council [2005] NSWLEC 578

PARTIES:

APPLICANTS:
M Bobolas and Ors

RESPONDENT:
Waverley Council

FILE NUMBER(S):

20363 of 2005

CORAM:

Bignold J

KEY ISSUES:

Appeal :- s 124 Order requiring clean up—disposal of proceedings following orders in related class 4 proceedings

LEGISLATION CITED:

Local Government Act 1993, ss 124, 180

DATES OF HEARING:

29/09/2005

 
DATE OF JUDGMENT: 

10/12/2005

LEGAL REPRESENTATIVES:

APPLICANTS:
In person
SOLICITORS
N/A

RESPONDENT:
Mr G Newport, Barrister
SOLICITORS
Staunton and Beattie

JUDGMENT:

THE LAND AND
ENVIRONMENT COURT
OF NEW SOUTH WALES

BIGNOLD J

12 October 2005

20363 of 2005 M BOBOLAS AND ORS. v WAVERLEY COUNCIL

JUDGMENT

1 HIS HONOUR: I now publish my reasons for judgment in respect of the orders that I announced on 29 September 2005 at the completion of the hearing of related class 4 proceedings (40328 of 2005) which orders were published in written form on 30 September 2005.

2 In my reasons for judgment in the related class 4 proceedings (which are published concurrently with these reasons), I noted that the making of the final Orders in those proceedings were designed and intended to bring to a conclusion both sets of related proceedings. The present proceedings involving an appeal by the Applicants pursuant to the Local Government Act, s 180 against the Council’s Orders given to each of the Respondents pursuant to s 124 of that Act were partly heard, and were the subject of orders made by the then Chief Judge on 19 July 2005.

3 The part of those proceedings which remained undetermined concerned par (b) of the s 124 Orders which purported to restrain each of the Respondents from using their residential premises for the purpose of storing wastes etc.

4 A prohibitory injunction to similar effect to this part of the s 124 orders had been sought by the Council against the Respondents in the related class 4 proceedings but in consequence of the Council obtaining an order in those proceedings pursuant to the Local Government Act, s 678(10), I decided, without objection from the Council to otherwise dismiss those class 4 proceedings.

5 In consequence of the dismissal of the class 4 proceedings, the Council has agreed that the outstanding part of the present class 2 proceedings can be finally disposed of by an order upholding the undetermined balance of the proceeding upon the basis that the Council withdraws par (b) of the s 124 orders given to each Respondent on 18 March 2005.

6 It was for the foregoing reasons that I made the following orders by consent on 30 September 2005:—

1. Paragraph (b) of the order dated 18 March 2005 pursuant to s 124 of the Local Government Act 1993 given to each of the Applicants is withdrawn.
2. The balance of the appeal which was adjourned on 19 July 2005 is upheld.
3. No order as to costs in the proceedings