Waverley Council v Bobolas & Ors [2007] NSWLEC 52

Land and Environment Court of New South Wales

CITATION : Waverley Council v Bobolas & Ors [2007] NSWLEC 52

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 :- application to restrain Council from complying with Court orders - application to set aside or vary Court orders

LEGISLATION CITED: Local Government Act 1993 s 200, s 678

DATES OF HEARING: 25/01/2007

EX TEMPORE JUDGMENT DATE : 25 January 2007

APPLICANT Mr M Staunton (solicitor) SOLICITORS LEGAL REPRESENTATIVES: Staunton Beattie

RESPONDENTS Ms L, M and E Bobolas (in person)

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Jagot J

25 January 2007

40916 of 2006

WAVERLEY COUNCIL Applicant

MARY BOBOLAS First Respondent

LIANA BOBOLAS Second Respondent

ELENA BOBOLAS Third Respondent

JUDGMENT Jagot J: 1 This is a notice of motion filed by the respondents with respect to certain orders that I made on an ex parte basis on 15 December 2006. In terms, the notice of motion says that it seeks an emergency injunction against the Council from carrying out any part of the orders made by the Court on 15 December 2006 pending the determination of an appeal lodged by the respondents in the Supreme Court of New South Wales. The notice of motion also refers to the position that the Council had not given any indication of what machinery it intended to use even after requests and no notice of the intended date of 29 January 2007 or start time, finish time, length, number of works, et cetera.