Council of the City of Sydney v Ahern [2012] NSWLEC 187

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Ahern [2012] NSWLEC 187 Hearing dates: 9 August 2012 Decision date: 09 August 2012 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [21] Catchwords: CIVIL ENFORCEMENT - non-compliance with order issued by council to repair balcony - ex parte proceedings - declarations and consequential orders made.

COSTS - whether applicant's costs should be awarded in a fixed sum. Legislation Cited: Civil Procedure Act 2005 ss 56, 98

Evidence Act 1995 ss 59, 69

Local Government Act 1993 ss 124, 676, 678 Cases Cited: Broken Hill City Council v Tumanic [2012] NSWLEC 162

Puruse Pty Limited v Council of the City of Sydney [2009] NSWLEC 163; (2009) 169 LGERA 85

Woollahra Municipal Council v Tilley [2010] NSWLEC 75 Category: Principal judgment Parties: Council of the City of Sydney (Applicant) Mr Barry Ahern (Respondent) Representation: Mr A Hawkes (solicitor) (Applicant) N/A (Respondent) Council of the City of Sydney (Applicant) N/A (Respondent) File Number(s): 40380 of 2012

EX TEMPORE Judgment The Respondent Fails to Comply With an Order Issued by the Council to Repair a Balcony 1This is an application for declaratory relief and consequential orders that the respondent, Mr Barry Ahern, has failed to comply with the terms of an order issued pursuant to s 124 of the Local Government Act 1993 ("the LGA") by the Council of the City of Sydney ("the council") dated 6 January 2012 ("the order"), that has caused a breach of that Act. The order relates to premises located at 396 Bourke Street, Surry Hills ("the premises"). The order is annexed to this judgment at 'A'. 2Section 124 of the LGA relevantly provides as follows: A council may order a person to do or to refrain from doing a thing specified in Column 1 of the following Table if the circumstances specified opposite it in Column 2 of the Table exist and the person comes within the description opposite it in Column 3 of the Table. Column 1 Column 2 Column 3 To do what? In what circumstances? To whom? 21 To do or refrain from doing such things as are specified in the order to ensure that land is, or premises are, placed or kept in a safe or healthy condition The land or premises are not in a safe or healthy condition Owner or occupier of land or premises