Waverley Council v Bobolas [2009] NSWLEC 131

Land and Environment Court of New South Wales

CITATION : Waverley Council v Bobolas [2009] NSWLEC 131

APPLICANT: Waverley Council

FIRST RESPONDENT: Mary Bobolas PARTIES : SECOND RESPONDENT: Elena Bobolas

THIRD RESPONDENT: Liana Bobolas

FILE NUMBER(S) : 40278 of 2009

CORAM: Biscoe J

KEY ISSUES: PRACTICE AND PROCEDURE :- application for stay of proceedings until determination of appeal.

LEGISLATION CITED: Local Government Act 1993, ss 124, 678 Public Health Act 1991

DATES OF HEARING: 24 July 2009

EX TEMPORE JUDGMENT DATE : 24 July 2009

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

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

24 July 2009

40278 of 2009

WAVERLEY COUNCIL v MARY BOBOLAS & ORS

EX TEMPORE JUDGMENT 1 HIS HONOUR: This is an oral motion by the respondents for a stay of the proceedings until determination of their appeal to the Court of Appeal against an interlocutory decision. The applicant, Waverley Council, on the other hand, seeks to have the proceedings set down for final hearing. 2 The council instituted the proceedings on 4 May 2009 seeking a declaration that the respondents have not complied with the terms of an Order 22A pursuant to s 124 of the Local Government Act 1993, dated and served on 5 March 2009; and an order that the council, including its employees, agents and contractors, enter premises at 19 Boonara Avenue, Bondi and undertake such works as are reasonably required to comply with the terms of that order.