Burwood Council v Baron [2023] NSWLEC 10

Land and Environment Court New South Wales

Medium Neutral Citation: Burwood Council v Baron [2023] NSWLEC 10 Hearing dates: 16 February 2023 Date of orders: 16 February 2023 Decision date: 16 February 2023 Jurisdiction: Class 1 Before: Pain J Decision: [43] Catchwords: CIVIL ENFORCEMENT- failure to comply with order issued by local council under Local Government Act requiring clean-up of residential property due to unsafe and unhealthy condition – declaration of failure to comply with LG order made – consequential orders made including that council can undertake work if LG order not complied with in 30 days – costs order made in favour of council Legislation Cited: Local Government Act 1993 Uniform Civil Procedure Rules 2005 Category: Principal judgment Parties: Burwood Council (Applicant) Carolina Dragica Baron (Respondent) Representation: Solicitors: Wiltshire Webb Staunton Beattie (Applicant) No Appearance (Respondent) File Number(s): 2022/00207662

JUDGMENT 1. The Summons filed by the Council seeks a declaration and an order that the Respondent comply with the terms of the Order issued by Burwood Council (Council) to the Respondent under s 124 of the Local Government Act 1993 (LG Act) dated 12 January 2022 (the LG Order) in respect of the land at 33 Beresford Avenue, Croydon Park (the property). 2. The Council is a Council constituted under the LG Act for the local government area of Burwood. The Respondent is the owner of the property which is located within the local government area of the Council, as is clear from title searches attached to affidavits read by the Council. 3. The Respondent did not appear at the hearing today and leave to proceed in her absence was given in light of the efforts made to contact her in relation to the hearing today, as identified in the affidavit of Mr Ede solicitor dated 15 February 2023 read today.