Tweed Shire Council v Kress [2004] NSWLEC 653

Land and Environment Court of New South Wales

CITATION : Tweed Shire Council v Kress [2004] NSWLEC 653 APPLICANT: PARTIES : Tweed Shire Council RESPONDENT: Tony Kress FILE NUMBER(S) : 40193 of 2001 CORAM: Pain J KEY ISSUES: Practice and Procedure :- making of orders permitting a council to carry out works which an earlier order of the Court required the Respondent to carry out in the absence of proceedings for contempt Land and Environment Court Act 1979, s 20(4), s 23 LEGISLATION CITED: Land and Environment Court Rules, Pt 6 r 1(2) , Pt 15 r 9A Local Government Act 1993, s 678 Supreme Court Rules, Pt 42 r 1, Pt 42 r 9 CASES CITED: DATES OF HEARING: 03/11/04 EX TEMPORE 11/03/2004 JUDGMENT DATE :

APPLICANT: Ms S. Duggan instructed by Stacks Northern Rivers LEGAL REPRESENTATIVES: RESPONDENT: No Appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

3 November 2004

40193 of 2001 Tweed Shire Council v Tony Kress

JUDGMENT 1 Her Honour: On 5 March 2002 this Court made, inter alia, the following orders: (1) That the Respondent, his servants and agents be restrained from using land known as Lot B DP 309747 Birrell Creek Hamlet, Birrell Creek Road, Birrell Creek ("the land") for the purpose of a junk yard without the consent of the Applicant. (2) That the Respondent remove from the land all motor vehicles and parts thereof and all waste paper, bottles, scrap materials, scrap metals and other junk within 28 days from the date hereof.