Waverley Council v Bobolas (No 2)

Land and Environment Court

New South Wales

• Amendment notes

Medium Neutral Citation:	Waverley Council v Bobolas (No 2) [2018] NSWLEC 144
Hearing dates:	6 September 2018
Date of orders:	14 September 2018
Decision date:	14 September 2018
Jurisdiction:	Class 4
Before:	Pain J
Decision:	See [5] of judgment
Catchwords:	ORDERS – final orders issued following judgment
Legislation Cited:	Local Government Act 1993 s 678
Cases Cited:	Waverley Council v Bobolas [2018] NSWLEC 116
Category:	Consequential orders (other than Costs)
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):	18/50888

Judgment

Final orders issued

1. In Waverley Council v Bobolas [2018] NSWLEC 116 (Bobolas No 1) I held that orders arising from s 678(10) of the Local Government Act1993 should be issued as against the Second and Third Respondents. I stated that no orders would be made against the First Respondent Mrs Mary Bobolas for the reasons identified in [3] of Bobolas No 1. I attached draft orders to the judgment and provided an opportunity to all three Respondents as the orders have the potential to affect Mrs Mary Bobolas, and the Council, to comment on these as identified in [88]. The First Respondent Mrs Mary Bobolas did not appear on 6 September 2018.

2. Having heard further extensive argument about the terms of the draft orders from the Council and the Second and Third Respondents on 6 September 2018 I have now finalised them as set out below. I have stayed the substantive orders for 60 working days from the date of these orders being until 7 December 2018.

3. No orders have yet been made in the proceedings against Mrs Mary Bobolas. The proceedings against her will be stood over before me to a date after these orders should have been executed at 9.30 am on Wednesday 30 January 2019. The Council can then advise whether it wishes to pursue orders against Mrs Mary Bobolas or have those proceedings dismissed.

4. As advised to the parties on 6 September 2018 I have issued the final orders in chambers. This judgment which includes the orders will be posted to all the Respondents as the Second and Third Respondents requested as well as to the Council. For abundant caution I also ask the Council to place this judgment in a sealed soft plastic pocket on the outside of the double front gates of the premises at 19 Boonara Avenue Bondi within three days of receiving it.

Orders

5. The Court makes the following orders:

1. In these orders:

“House” means the dwelling house erected on the Premises;

“Premises” means the premises at 19 Boonara Avenue, Bondi;

“Removal Order” means the orders no 22A dated 22 November 2017 given by the applicant to each of the Respondents pursuant to s 124 of the