Council of the City of Sydney v The Estate of the Late Alfred Sulligoi care of The Public Trustee and Anor [2007] NSWLEC 778

Land and Environment Court of New South Wales

CITATION : Council of the City of Sydney v The Estate of the Late Alfred Sulligoi care of The Public Trustee and Anor [2007] NSWLEC 778 This decision has been amended. Please see the end of the judgment for a list of the amendments.

APPLICANT Council of the City of Sydney

PARTIES : FIRST RESPONDENT The Estate of the Late Alfred Sulligoi c/o The Public Trustee

SECOND RESPONDENT Livio Sulligoi

FILE NUMBER(S) : 40397 of 2006

CORAM: Pain J

Section 121B Order :- Residential premises - order to repair dilapidated verandah not complied with - whether Council should be ordered to exercise its functions under s 121ZJ of the Environmental Planning and Assessment Act - power of Court to make order requiring Council to enter dwelling - whether order for forced entry into dwelling should be granted

KEY ISSUES: Civil enforcement :- residential premises - order under s124 of the Local Government Act requiring removal of rubbish and discarded items not complied with - whether Council should be ordered to exercise its functions under s 678(10) of the Local Government Act - power of Court to make order requiring Council to enter dwelling - whether order for forced entry into dwelling should be granted

Practice and Procedure :- whether proceedings should proceed ex parte

Environmental Planning and Assessment Act 1979 s 4, s 118J, 121AJ(7), s 121B, s 121ZJ, s 121Y, s 151(1) Land and Environment Court Rules 1996 Pt 2, Pt 6 r 1 LEGISLATION CITED: Local Government Act 1993 s 124, s200, s 678(10) Supreme Court Rules 1970 Pt 8 r 10, Pt 8 r 16 Wills, Probate and Administration Act 1898 s 61