North Sydney Council v O'Hara [2001] NSWLEC 155

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2001] NSWLEC 155 PARTIES : FILE NUMBER(S) : 40119 of 1999 CORAM: Talbot J KEY ISSUES: Practice and Procedure :- Judgment entered against respondent - orders for enforcement against applicant upon default by respondent Environmental Planning and Assessment Act 1979 s 121ZJ LEGISLATION CITED: Land and Environment Court Act 1979 s 20(4) Local Government Act 1993 s 124, s 678 Supreme Court Rules 1970 Pt 42 r 9 CASES CITED: DATES OF HEARING: 09/07/01, 11/07/01 EX TEMPORE JUDGMENT DATE : 07/11/2001

APPLICANT: Ms S A Duggan (Barrister) SOLICITORS: LEGAL REPRESENTATIVES: Mallesons Stephen Jaques

RESPONDENT: In person

JUDGMENT: IN THE LAND AND Matter No. 40119 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 11 July 2001 North Sydney Council Applicant v Louise O'Hara Respondent

REASONS FOR JUDGMENT

1. This matter involves a long running dispute dating back to at least 1996. The dispute is between the applicant council and Ms Louise O'Hara, who is the owner of the property known as 21 Willoughby Street, Kirribilli. In order to appreciate the circumstances under which issues remain extant between the parties it is necessary to review the history.

2. On 6 December 1996 the council issued an order pursuant to s 124 of the Local Government Act 1993 ("the Local Government Act"). The order required Ms O'Hara, as the owner of the property, to carry out certain works within 21 days. The stated reason for the order was that, and I quote from the decision of Assessor Bly on 30 September 1997, "[t]he building is so dilapidated or unsightly as to be prejudicial to its occupants or property in the neighbourhood."