Council of the City of Sydney v Le [2010] NSWLEC 78

Land and Environment Court of New South Wales

CITATION : Council of the City of Sydney v Le [2010] NSWLEC 78

APPLICANT PARTIES : Council of the City of Sydney RESPONDENT Tien Luy Le

FILE NUMBER(S) : 40951 of 2009

CORAM: Pain J

KEY ISSUES: CIVIL ENFORCEMENT :- ex parte hearing - declaration of non-compliance with terms of order issued under Local Government Act 1993 to keep premises in safe and healthy condition - consequential orders to carry out removal of waste - costs

LEGISLATION CITED: Local Government Act 1993 s124, s678(10)

DATES OF HEARING: 25 March 2010

EX TEMPORE JUDGMENT DATE : 25 March 2010

APPLICANT Mr A Hawkes (sol) LEGAL REPRESENTATIVES: SOLICITOR Council of the City of Sydney RESPONDENT No appearance

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

25 March 2010

40951 of 2009 Council of the City of Sydney v Le

EX TEMPORE JUDGMENT 1 Her Honour: The Council of the City of Sydney filed a summons on 11 December 2009 against Mr Le in which a declaration is sought concerning non-compliance with the terms of an order pursuant to s 124 Pt 21 of the Local Government Act 1993 (the LG Act) issued by the Council. The section allows the Council to issue an order requiring a person to do something or refrain from doing something as specified in an order to ensure that land is or premises are placed or kept in a safe or healthy condition. The order can be issued in a situation where the land or premises are not in a safe or healthy condition. Such an order may be issued to the owner or occupier of land or premises. Consequential orders are sought pursuant to s 678(10) of the LG Act in relation to carrying out the work in the absence of the Respondent carrying it out. 2 I should note for completeness that at the beginning of the hearing Mr Le did not appear before me, his name was called outside the Court and there was no response. In support of an application to proceed ex parte, that is without Mr Lee present, Mr Hawkes has provided to me exhibits that support that application. I note that Sheahan J made orders on 26 February 2010 for substituted service of the summons. By affidavit of Mr James Twigg sworn 19 February 2010, service in accordance with the order for substituted service has been effected on premises at 11 Cameron Street Banksia.