Kogarah Municipal Council v Fokas [1999] NSWLEC 188

Land and Environment Court of New South Wales CITATION: Kogarah Municipal Council v Fokas [1999] NSWLEC 188

PARTIES APPLICANT Kogarah Municipal Council

RESPONDENT Maria Fokas

NUMBER: 40079 of 1999

CORAM: Sheahan J

KEY ISSUES: Orders :- non-compliance - enforcement of order of Commissioner Brown

LEGISLATION CITED: Land & Environment Court Act 1979 Local Government Act 1993 s 124

DATES OF HEARING: 07/29/1999

EX TEMPORE JUDGMENT DATE: 07/29/1999

APPLICANT SOLICITORS Abbott Tout LEGAL REPRESENTATIVES: RESPONDENT In Person

JUDGMENT: 7

IN THE LAND AND Matter No: 40079 of 1999 ENVIRONMENT COURT Coram: Sheahan J OF NEW SOUTH WALES 29 July 1999

KOGARAH MUNICIPAL COUNCIL Applicant v

MARIA FOKAS Respondent

JUDGMENT

1. In these Class 4 proceedings Council seeks to enforce an order made by it pursuant to s 124 of the Local Government Act 1993.

2. That order is contained in a letter from the Council to Mrs Fokas dated 22 December 1997 . It is before the Court as Exhibit C1 . It asserts the results of an inspection as revealing that Mrs Fokas or someone on her behalf kept at the property the following birds or poultry one rooster, one peacock, three ducks and twenty-two chickens.