North Sydney Council v O'Hara [2001] NSWLEC 286

Land and Environment Court of New South Wales

CITATION : North Sydney Council v O'Hara [2001] NSWLEC 286 APPLICANT: North Sydney Council PARTIES : RESPONDENT: Louise O'Hara

FILE NUMBER(S) : 40119 of 1999 CORAM: Talbot J KEY ISSUES: Injunctions and Declarations :- variation of final orders. LEGISLATION CITED: CASES CITED: DATES OF HEARING: 27/11/2001 EX TEMPORE JUDGMENT DATE : 11/27/2001

APPLICANT: Ms H Irish (Barrister) SOLICITORS: Mallesons Stephen Jaques LEGAL REPRESENTATIVES: APPLICANT: In Person SOLICITORS: N/A

JUDGMENT:

IN THE LAND AND Matter No. 40119 of 1999 ENVIRONMENT COURT Coram: Talbot J OF NEW SOUTH WALES Decision Date: 27 November 2001

North Sydney Council Applicant v Louise O'Hara Respondent

REASONS FOR JUDGMENT

1. HIS HONOUR: I have listened to the applicant on the notice of motion, the respondent in the proceedings, particularly when she was in the witness box and I have had a very extended opportunity to form an assessment of her demeanour and her integrity.

2. Notwithstanding what I said on the last occasion, when I delivered judgment in her absence, I am not satisfied that Ms O'Hara has reached the point where she realises that the situation can only be resolved in a satisfactory way by the completion of the works through her own efforts and with the assistance of her own contractors and workmen.

3. Mr Raneri has given further evidence. I am satisfied that the preferred option from the point of view of the council is that it not be directed to carry out the work except in a situation of extreme necessity. The preferred option, and I think it is a responsible response by Mr Raneri, should be that Ms O'Hara complete the work.