NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Wollongong City Council v McLean [2006] NSWLEC 295
APPLICANT Wollongong City Council PARTIES : RESPONDENT Carolyn Ruth McLean
FILE NUMBER(S) : 41296 of 2005
CORAM: Preston CJ
KEY ISSUES: Civil Enforcement :- order under s 124 of Local Government Act 1993 to bring premises into a safe and healthy condition - overgrown vegetation and accumulated rubbish on respondent's premises are a harbourage for vermin and a fire risk - respondent failed to comply with the order - breach of the Local Government Act 1993 - court order made requiring respondent to do certain work to bring premises into a safe and healthy condition.
LEGISLATION CITED: Local Government Act 1993 (NSW) s 124, s 132, s 672, s 673(1) Interpretation Act 1977 (NSW) s 76(1)(b)
CASES CITED: McKenzie v McKenzie [1970] 3 WLR 472; [1970] 3 All ER 1034; O'Connell & Ors (Children) Rev 2 [2005] EWCA Civ 759 (22 June 2005)
DATES OF HEARING: 29/05/2006
EX TEMPORE JUDGMENT DATE : 05/29/2006
APPLICANT Mr M Mantei SOLICITORS LEGAL REPRESENTATIVES: Kells The Lawyers RESPONDENT In person assisted by Mr Arnold McLean (brother) SOLICITORS Not Applicable
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
PRESTON CJ
29 MAY 2006
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