NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Mary Bobolas v Waverley Council [2006] NSWLEC 442
APPLICANT Mary Bobolas PARTIES : RESPONDENT Waverley Council
FILE NUMBER(S) : 20267 of 2006
CORAM: Brown C
KEY ISSUES: Appeal :- s 124 order - whether land in a safe and healthy condition
LEGISLATION CITED: Local Government Act 1993
CASES CITED: Wollongong City Council v McLean [2006] NSWLEC 295
DATES OF HEARING: 7 July 2006
DATE OF JUDGMENT: 07/21/2006
APPLICANT Ms Elena Bobolas (daughter)
LEGAL REPRESENTATIVES: RESPONDENT Mr M Staunton, solicitor SOLICITORS Staunton Beattie
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
Brown C
21 July 2006
20267 of 2006 Mary Bobolas v Waverley Council 20268 of 2006 Liana Bobolas v Waverley Council 20269 of 2006 Elena Bobolas v Waverley Council
JUDGMENT 1 COMMISSIONER: These are three separate but related appeals against three orders issued by Waverley Council (the council) under s 124 of the Local Government Act 1993 (the LGA Act) for the premises at 19 Boonara Avenue, Bondi (the site). 2 The appeals were heard concurrently and relate to: + Ms Mary Bobolas - Appeal No. 20267 of 2006 + Ms Liana Bobolas - Appeal No. 20268 of 2006 + Ms Elena Bobolas - Appeal No. 20269 of 2006 3 Ms Mary Bobolas is the owner of the premises and lives at the site with her daughters Ms Liana Bobolas and Ms Elena Bobolas. The applicants were not legally represented with Ms Elena Bobolas representing herself and her mother and Ms Liana Bobolas representing herself. The orders 4 The orders were dated 7 March 2006 and relate to order 21 of s 124 of the LGA Act in that the council has determined that the land or the premises are not in a safe or healthy condition. The orders are identical for each of the appeals and the relevant parts state: TERMS OF THE PROPOSED ORDER (a) Remove all waste, being garbage and refuse including but not limited to scrap metal, papers, rags, bottles, plastic containers, and putrescible matter which you have collected, accumulated and are storing from all parts of the subject premises.
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