NSW Caselaw
Land and Environment Court New South Wales
Medium Neutral Citation: Bobolas v Waverley Council (No 2) [2020] NSWLEC 127 Hearing dates: 31 August – 1 September 2020 Date of orders: 1 September 2020 Decision date: 01 September 2020 Jurisdiction: Class 4 Before: Pain J Decision: (1) The summons dated 23 March 2020 is dismissed. (2) The Applicants must pay the Respondent's costs of the proceedings. (3) The exhibits are returned. Catchwords: JUDICIAL REVIEW – challenge to s 22A Order issued under s 124 of Local Government Act 1993 requiring removal of waste from residential premises – ex parte hearing – summons dismissed Legislation Cited: Civil Procedure Act 2005 (NSW) Local Government Act 1993 (NSW) Ch 7 Pt 2 (ss 124, 146, 148) ss 180, Ch 8 Pt 2 (s 200), s 678 Cases Cited: Armidale Dumaresq Council v Vorhauer (No 3) [2014] NSWLEC 50 Bobolas v Waverley Council (No 4) [2015] NSWCA 337 Bobolas v Waverley Council [2020] NSWCA 201 Bobolas v Waverley Council [2020] NSWLEC 103 Category: Principal judgment Parties: Elena Bobolas (First Applicant) Mary Bobolas (Second Applicant) Liana Bobolas (Third Applicant) Waverley Council (Respondent) Representation: COUNSEL: N/A (Applicant) R Lancaster SC (Respondent)
SOLICITORS: N/A (Applicant) Wilshire Webb (Respondent) File Number(s): 20/91346
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