Sutherland Shire Council v Obradovic [2001] NSWLEC 68

Land and Environment Court of New South Wales

CITATION : Sutherland Shire Council v Obradovic [2001] NSWLEC 68 APPLICANT Sutherland Shire Council PARTIES : RESPONDENT Obradovic FILE NUMBER(S) : 40236 of 1998 and 40074 of 2000 CORAM: Pearlman J KEY ISSUES: Compensation :- s 181 Local Goverment Act 1993 - whether s 124 orders unreasonable and unsubstantiated LEGISLATION CITED: Local Government Act 1993 s 124, s 181 CASES CITED: DATES OF HEARING: 14/03/2001 EX TEMPORE JUDGMENT DATE : 03/14/2001

APPLICANT Mr S M Berveling SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT in person SOLICITORS N/A

JUDGMENT:

IN THE LAND AND 40236 of 1998 and 40074 of 2000 ENVIRONMENT COURT Pearlman J OF NEW SOUTH WALES 14 March 2001

SUTHERLAND SHIRE COUNCIL Applicant v ALEXANDER OBRADOVIC Respondent

JUDGMENT

1. The application that is before me today is made by the respondent, Mr Obradovic, by way of notice of motion. In that notice of motion the first order which is sought is as follows: 1. Order to set the date for hearing.

2. However, in opening his case, Mr Obradovic has said that the prayer is intended to be a claim for compensation under s 181 of the Local Government Act 1993. Furthermore, it is apparent that although the notice of motion refers to proceedings 40074/00, it also refers to related proceedings numbered 40236/98.