Waverley Council v Bobolas [2010] NSWLEC 157

Land and Environment Court of New South Wales

CITATION : Waverley Council v Bobolas [2010] NSWLEC 157

APPLICANT: Waverley Council

FIRST RESPONDENT: Mary Bobolas by her Tutor the NSW Trustee and Guardian PARTIES : SECOND RESPONDENT: Elena Bobolas

THIRD RESPONDENT: Liana Bobolas

FILE NUMBER(S) : 40916 of 2006

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- adjournment of proceedings to enable formalisation of in principle settlement between applicant and statutory financial manager of respondent under legal incapacity and to obtain Court's approval of the settlement under s 76 Civil Procedure Act 2005

LEGISLATION CITED: Civil Procedure Act 2005, s 76

DATES OF HEARING: 18 August 2010

EX TEMPORE JUDGMENT DATE : 18 August 2010

APPLICANT: Mr M Staunton, barrister SOLICITORS Wilshire Webb Staunton Beattie LEGAL REPRESENTATIVES: RESPONDENTS: Ms E Bobolas, in person SOLICITORS n/a

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

17 August 2010

40916 of 2006

WAVERLEY COUNCIL v BOBOLAS & ORS

EX TEMPORE JUDGMENT 1 HIS HONOUR: In these Class 4 civil enforcement proceedings the applicant, Waverley Council, has moved for an order that the three respondents pay the council's costs of the proceedings. The notice of motion was before the Court on 30 June 2010 when it was stood over to today because of pending settlement discussions between the council and the NSW Trustee and Guardian which is the statutory financial manager of the first respondent, Mary Bobolas, who is under legal incapacity. The second and third respondents are her daughters. They all reside at the subject property at 19 Boonara Avenue, Bondi Beach. The first and second respondents but not the third respondent are present in court this morning. 2 The council and the NSW Trustee and Guardian have reached an in principle settlement agreement which resolves outstanding matters between the council and the first respondent not only in these proceedings but in a number of other proceedings in this and other courts since 2005 relating to the clearing of rubbish at the subject property. The agreement is that the council will be paid a sum of money in full satisfaction of all outstanding matters between it and the first respondent in relation to legal and other costs which the council has incurred since 2005 in those various proceedings. The various proceedings and the council's estimate of the related legal and other costs are listed in Exhibit B. The council seeks an adjournment of its notice of motion for a reasonable period to permit the in principle agreement to be formalised in a deed and to seek the Court's approval of the settlement.