Georges River Council v Emanuel Mifsud [2020] NSWLEC 149

Land and Environment Court New South Wales

Medium Neutral Citation: Georges River Council v Emanuel Mifsud [2020] NSWLEC 149 Hearing dates: 28 July and 13 October 2020 Date of orders: 30 October 2020 Decision date: 30 October 2020 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 51 Catchwords: LOCAL GOVERNMENT – s 672 Local Government Act 1993 – failure to comply with an order – premises not in a safe and healthy condition – premises in an unsightly condition – council granted power to do all things necessary to give effect to the order – orders deferred for 28 days COSTS – usual order as to costs – exclusion of costs associated with joinder of the Second Respondent Legislation Cited: Local Government Act 1993 Uniform Civil Procedure Rules 2005 Texts Cited: Macquarie Dictionary (revised Third Edition) Category: Principal judgment Parties: Georges River Council (Applicant) Emanuel Mifsud (First Respondent) Crystina Mifsud (Second Respondent) Representation: Counsel: Mr M Astill (Applicant) Mr E Mifsud in person (First Respondent) Ms C Mifsud in person (Second Respondent)

Solicitors: Georges River Council (Applicant) N/A (First and Second Respondents) File Number(s): 2019/383413 Publication restriction: No

Judgment

Nature of proceedings 1. The Applicant (the Council) commenced these proceedings against Emanuel Mifsud (the First Respondent) alleging that he failed to comply with an order issued to him by the Council pursuant to s 124 of the Local Government Act 1993 (the LG Act), requiring the removal of items from his property at 5 Maclaurin Street, Penshurst (the Premises). 2. On 25 September 2020, Crystina Mifsud (the Second Respondent), also an owner of the Premises, was joined as a party to the proceedings. The Council does not seek any orders against the Second Respondent.