Waverley Council v Bobolas & Ors [2006] NSWLEC 825

Land and Environment Court of New South Wales

CITATION : Waverley Council v Bobolas & Ors [2006] NSWLEC 825

APPLICANT Waverley Council

FIRST RESPONDENT Mary Bobolas PARTIES : SECOND RESPONDENT Liana Bobolas

THIRD RESPONDENT Elena Bobolas

FILE NUMBER(S) : 40916 of 2006

CORAM: Jagot J

KEY ISSUES: Civil Enforcement :- no appearance by respondents at hearing - ex parte hearing

LEGISLATION CITED: Local Government Act 1993 s 124, s 678

DATES OF HEARING: 15/12/2006

EX TEMPORE JUDGMENT DATE : 12/15/2006

APPLICANT Mr M Staunton (solicitor) LEGAL REPRESENTATIVES: SOLICITORS Staunton Beattie RESPONDENTS No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

15 December 2006

40916 of 2006

WAVERLEY COUNCIL Applicant

MARY BOBOLAS First Respondent

LIANA BOBOLAS Second Respondent

ELENA BOBOLAS Third Respondent

JUDGMENT Jagot J: 1 These are class 4 proceedings where Waverley Council seeks declarations and orders against the respondents relating to the Council's contention that the respondents have failed to comply with an order served by the Council under s 124 of the Local Government Act 1993 as subsequently modified by the Court. The Council also seeks an order pursuant to s 678(10) of that Act that the Council in fact perform the functions required under the s 124 order as amended by the Court (namely, that rubbish be cleared from the subject premises).