Manly Council v Moffit [2006] NSWLEC 184

Reported Decision : (2006) 146 LGERA 215

Land and Environment Court of New South Wales

CITATION : Manly Council v Moffit [2006] NSWLEC 184

APPLICANT: Manly Council PARTIES : RESPONDENT: Marjorie Jane Moffit

FILE NUMBER(S) : 40121 of 2006

CORAM: Biscoe J

KEY ISSUES: Injunctions and Declarations :- whether a Court order is required before council can enter residential premises to carry out work required by a council order issued under Local Government Act 1993 s 124.

LEGISLATION CITED: Local Government Act 1993 ss 124, 132, 191, 193, 200, 678

CASES CITED: Kiama Council v Grant [2006] NSWLEC 96; Van Haasteren v South Sydney Council (2000) 109 LGERA 252

DATES OF HEARING: 05/04/2006, 07/04/2006, 12/04/2006

DATE OF JUDGMENT: 04/13/2006

APPLICANT: Ms L Finn, Solicitor SOLICITORS LEGAL REPRESENTATIVES: Abbott Tout RESPONDENT: Ms E Bobolas (agent) SOLICITORS N/A

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

13 April 2006

40121 of 2006 MANLY COUNCIL v MARJORIE JOY MOFFIT

JUDGMENT HIS HONOUR: A. INTRODUCTION 1 The respondent owns and resides in a semi-detached house located at 20 William Street, Fairlight. Over a long period of time she accumulated an enormous amount of rubbish and discarded items at her premises. On 6 June 2005 the local council, Manly Council, issued her with an order pursuant to the Local Government Act 1993 s 124, requiring her to remove such things within 14 days ("Council's Order"). She failed to do so. On 15 February 2006 the council commenced these proceedings seeking to enforce Council's Order under s 678(10).