NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Orange City Council v Kjoller (No 2) [2010] NSWLEC 116
APPLICANT Orange City Council PARTIES : RESPONDENT Sophia Kjoller
FILE NUMBER(S) : 40414 of 2009
CORAM: Pepper J
KEY ISSUES: CIVIL ENFORCEMENT :- non-compliance with terms of order made by consent and originally issued under Local Government Act 1993 to clean up residential premises - orders sought by council to clean up premises - ex parte hearing - injunctive relief sought to permit council to carry out work - orders granted with respondent to pay council's costs of clean up and of motion.
LEGISLATION CITED: Local Government Act 1993 ss 124, 678(1), (6) and (10) Civil Procedure Act 2005 s 56
Manly Council v Newton [2007] NSWLEC 768 Orange City Council v Kjoller [2009] NSWLEC 184 CASES CITED: Waverley Council v Bobolas (No 2) [2009] NSWLEC 211 Council of the City of Sydney v Le [2010] NSWLEC 78 Tegra (NSW) Pty Limited v Gundagai Shire Council [2007] NSWLEC 806; (2007) 160 LGERA 1
DATES OF HEARING: 5 July 2010
EX TEMPORE JUDGMENT DATE : 5 July 2010
APPLICANT Mr Phillip Clay Martin Place Chambers SOLICITORS McIntosh McPhillamy & Co
LEGAL REPRESENTATIVES:
RESPONDENT Mrs S Kjoller (in person) No appearance SOLICITORS N/A
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