Waverley Council v Bobolas

[2018] NSWLEC 116

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Waverley Council v Bobolas [2018] NSWLEC 116
Hearing dates:	27, 30 July 2018, 24 August 2018
Decision date:	27 August 2018
Jurisdiction:	Class 4
Before:	Pain J
Decision:	See [89] of judgment
Catchwords:	CIVIL ENFORCEMENT – orders to remove waste under Local Government Act 1993 not complied with – service of orders proved – service of summons effected – exercise of discretion to enforce orders
Legislation Cited:	Environmental Planning and Assessment Act 1979 Local Government Act 1993 ss 124, 128A, 129, 132, 138, 144, 180, 191, 193, 200, 672, 674, 678, 710 Protection of the Environment Operations Act 1997 Public Health Act 2010 Uniform Civil Procedure Rules 2005 rr 10.5, 10.21, 10.26
Cases Cited:	Bobolas v Waverley Council (2016) 92 NSWLR 406; [2016] NSWCA 139 Bobolas v Waverley Council (No 4) [2015] NSWCA 337 Great Lakes Council v Lani; Great Lakes Council v Lani and Lampo Pty Ltd (2007) 158 LGERA 1; [2007] NSWLEC 681 Halliday v Neville (1984) 155 CLR; [1984] HCA 80 Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59 Plenty v Dillon (1991) 171 CLR 635; [1991] HCA 5 Warringah Council v Ulrich [2001] NSWLEC 120 Waverley Council v Bobolas [2005] NSWLEC 577 Waverley Council v Bobolas [2006] NSWLEC 828 Waverley Council v Bobolas (No 2) [2009] NSWLEC 211 Waverley Council v Bobolas (No 3) [2014] NSWLEC 16 Waverley Council v Bobolas (No 2) [2015] NSWLEC 66
Category:	Principal judgment
Parties:	Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent)
Representation:	COUNSEL: A Pickles SC and J Reid (Applicant) N/A (First Respondent) Elena Bobolas in person (Second Respondent) Liana Bobolas in person (Third Respondent)   SOLICITORS: Wilshire Webb Staunton Beattie (Applicant) N/A (Respondents)
File Number(s):	2018/50888

Judgment

1. Waverley Council (the Council) has commenced Class 4 proceedings by way of Summons filed 15 February 2018 in relation to premises at 19 Boonara Avenue Bondi (the Property) arising from a failure of Mary Bobolas, Elena Bobolas and Liana Bobolas (the Respondents) to comply with three orders issued pursuant to item 22A of s 124 of the Local Government Act1993 (LG Act) (the Orders). The Orders dated 22 November 2017 issued to each Respondent required the removal of waste from the Property within 28 days of the Orders.

2. The matter was set down for two days of hearing. On the first day of hearing 27 July 2018 the Court registry received a telephone call from someone identifying themselves as Ms Elena Bobolas saying that Mrs Mary Bobolas her mother, had to go to hospital and sought an adjournment. I stood the matter over to 10.00am on the second hearing day on 30 July 2018. The Respondents were each separately notified of that decision by hand delivered letters that day to the Property from the Court registry sent at my request. The Court ordered the Council’s solicitor to hand deliver a letter to each of the Respondents…