Rockdale City Council v Axia Constructions Pty Limited [2007] NSWLEC 213

Land and Environment Court of New South Wales

CITATION : Rockdale City Council v Axia Constructions Pty Limited [2007] NSWLEC 213

APPLICANT Rockdale City Council PARTIES : RESPONDENT Axia Constructions Pty Limited

FILE NUMBER(S) : 41175 of 2006

CORAM: Jagot J

KEY ISSUES: Costs :- work required by order done before first mention - proceedings commenced before expiry of time to give undertaking - no order as to costs

LEGISLATION CITED: Land and Environment Court Act 1979 s 69 Local Government Act 1993 s 124

DATES OF HEARING: 30 March 2007

EX TEMPORE JUDGMENT DATE : 30 March 2007

APPLICANT Mr J Reilly (solicitor) SOLICITORS Home Wilkinson Lowry LEGAL REPRESENTATIVES: RESPONDENT Mr D Filacouridis (in person) SOLICITORS N/A

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

30 March 2007

41175 of 2006

ROCKDALE CITY COUNCIL Applicant

AXIA CONSTRUCTIONS PTY LIMITED Respondent

JUDGMENT Jagot J: 1 This is an application by Rockdale City Council, the applicant in Class 4 proceedings, for costs. The substance of the proceedings was resolved. Accordingly, costs is the only remaining issue.

2 The relevant circumstances, in brief, are that on 30 May 2006 the Council served a notice of intention on the respondent to give an order under s 124 of the Local Government Act 1993 requiring rubbish, waste materials and overgrown vegetation from the backyard of a property known as 24 Solander Street, Monterey to be cleared. Various photographs in the affidavits, which have been read before me, show the backyard area with piles of various waste materials.