Warringah Council v Ulrich [2001] NSWLEC 120

Land and Environment Court of New South Wales

CITATION : Warringah Council v Ulrich [2001] NSWLEC 120 APPLICANT: Warringah Council PARTIES : RESPONDENT: Ulrich FILE NUMBER(S) : 40105 of 1998 CORAM: Talbot J KEY ISSUES: Orders :- compliance by council following individual default LEGISLATION CITED: CASES CITED: DATES OF HEARING: 24/07/2000 EX TEMPORE JUDGMENT DATE : 07/24/2000

APPLICANT: Mr A M Hudson (Solicitor) SOLICITORS: Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENT: In person SOLICITORS: N/A

JUDGMENT:

IN THE LAND AND Matter No. 40105 of 1998 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 24 July, 2000

Warringah Council Applicant v Joachim Ulrich Respondent

REASONS FOR JUDGMENT

1. HIS HONOUR: Mr Ulrich, I have listened carefully to what you have put to the Court today. I accept that you believe that you have made what you would consider to be a reasonable and fair effort to comply with the Court's orders made on 25 October 1999.

2. I accept also that you harbour some concern that an understanding was reached on an earlier occasion when these issues were before the Magistrate's Court. Your understanding, following orders made in those proceedings, was that you were entitled to continue using part of your land, as defined in those orders, for the purposes which are now the subject of the complaint in these proceedings.