Land and Environment Court
New South Wales
Medium Neutral Citation: Waverley Council v Bobolas [2012] NSWLEC 167 Decision date: 23 July 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: The respondents are to pay the applicant's costs of the proceedings excluding the costs of negotiations with the NSW Trustee and Guardian in respect of the settlement of costs and preparation of documents for the Court to approve settlement of costs for these proceedings and other proceedings.
Catchwords: COSTS - Class 4 civil enforcement proceedings - whether respondents should pay successful applicant council's costs of the proceedings - whether costs hearing should be adjourned. Legislation Cited: Civil Procedure Act 2005 s 98
Commonwealth of Australia Constitution Act
Uniform Civil Procedure Rules 2005 r 42.1Cases Cited: Bobolas v Waverley Council [2011] NSWCA 242
Lewis v Spencer [2007] NSWSC 1383, 179 A Crim R 48
Pittwater Council v Varney [2005] NSWLEC 651
Waverley Council v Bobolas [2006] NSWLEC 828
Waverley Council v Bobolas [2007] NSWLEC 52
Waverley Council v Bobolas [2009] NSWLEC 190
Waverley Council v Bobolas [2010] NSWLEC 157
Waverley Council v Bobolas [2010] NSWLEC 165
Waverley Council v Bobolas (LEC of NSW, 30 June 2010, unreported)Category: Costs Parties: Waverley Council (Applicant)
Mary Bobolas (First Respondent)
Liana Bobolas (Second Respondent)
Elena Bobolas (Third Respondent)Representation: COUNSEL:
Ms A Pearman (Applicant)
Mrs Mary Bobolas, in person (First Respondent)
Ms Liana Bobolas, in person (Second Respondent)
Ms Elena Bobolas, in person (Third Respondent)
SOLICITORS:
Wilshire Webb Staunton Beattie (Applicant)
N/A (First Respondent)
N/A (Second Respondent)
N/A (Third Respondent)
File Number(s): 40916/06
EX TEMPORE Judgment
In these civil enforcement proceedings, the applicant, Waverley Council, succeeded in 2006 in obtaining orders against the respondents, Mary Bobolas and her daughters Liana Bobolas and Elena Bobolas, for the applicant to clean up rubbish at residential premises at Bondi owned by Mary Bobolas in which she and her daughters reside: Waverley Council v Bobolas [2006] NSWLEC 828 (Jagot J). The Court found that those works were necessary to place the property in a safe and healthy condition: at [21]. In 2007 the respondents unsuccessfully sought injunctive relief against enforcement of those orders: Waverley Council v Bobolas [2007] NSWLEC 52 (Jagot J).
In 2009 the applicant filed a notice of motion, which I am now hearing, seeking an order that the respondents pay the applicant's costs of the proceedings including the respondents' 2007 motion. Throughout the proceedings the respondents have been without legal representation.
RESPONDENTS' APPLICATION TO ADJOURN THE COSTS HEARING
Shortly after the applicant's notice of motion for costs was called on for hearing this morning, the three respondents orally applied for an adjournment of the hearing on the basis of the following matters put from the bar table without supporting evidence. First, although they have not obtained substantive legal advice, they have obtained advice of some sort to seek to re-open the substantive proceedings. Secondly, they have been suffering from ill health over the last two months. Thirdly, they are seeking legal aid. Fourthly, there…
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- AGLC
- Waverley Council v Bobolas [2012] NSWLEC 167
- Case
- [2012] NSWLEC 167
- Decision Date
CaseChat Overview and Summary
The court had to decide whether the council's approval was valid and whether Bobolas's use of the land was in breach of the approved development application. The court also needed to determine whether Bobolas's argument about procedural errors was valid and whether it would invalidate the council's approval.
The court found that the council's approval was valid, and Bobolas's use of the land was inconsistent with the approved development application. The court held that Bobolas's argument about procedural errors was not valid and did not invalidate the council's approval. The court granted an injunction to restrain Bobolas from using the land in a manner inconsistent with the approved development application. The court also ordered Bobolas to pay the council's costs of the proceedings, excluding the costs of negotiations with the NSW Trustee and Guardian in respect of the settlement of costs and preparation of documents for the Court to approve settlement of costs for these proceedings and other proceedings.
Orders
Orders of the court
The respondents are to pay the applicant's costs of the proceedings excluding the costs of negotiations with the NSW Trustee and Guardian in respect of the settlement of costs and preparation of documents for the Court to approve settlement of costs for these proceedings and other proceedings.
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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