Hornsby Shire Council v Saint-Ayres [2012] NSWLEC 190

Land and Environment Court New South Wales

Medium Neutral Citation: Hornsby Shire Council v Saint-Ayres [2012] NSWLEC 190 Hearing dates: 10 August 2012 Decision date: 10 August 2012 Jurisdiction: Class 4 Before: Biscoe J Decision: (1) Pursuant to s 678(10) of the Local Government Act 1993, Hornsby Shire Council is ordered to execute the Council's functions under s 678 by carrying out the work which is required to be carried out by paragraphs 1 and 2 of the Council's order dated 22 March 2012 given to the respondent pursuant to s 124 of the Local Government Act 1993. (2) Order 1 is to be stayed for a period of 14 days to enable the respondent to carry out the work described in Order 1. (3) The respondent is to pay the applicant's costs. Catchwords: CIVIL ENFORCEMENT - respondent fails to comply with council statutory orders to remove items and waste at residential property - council seeks order to execute its functions by carrying out the works. Legislation Cited: Local Government Act 1993 ss 124, 193, 678 Category: Principal judgment Parties: Hornsby Shire Council (Applicant) Lawrence William Saint-Ayres (Respondent) Representation: COUNSEL: Mr I Woodward, solicitor (Applicant) N/A (Respondent) SOLICITORS: Storey & Gough (Applicant) N/A (Respondent) File Number(s): 40709/12

EX TEMPORE Judgment 1These are undefended civil enforcement proceedings brought by Hornsby Shire Council against Lawrence William Saint-Ayres. The relief claimed is as follows: 1. Pursuant to Section 678(10) of the Local Government Act, 1993, Hornsby Shire Council is ordered to execute the Council's functions under Section 678 by carrying out the work which is required to be carried out by paragraphs 1 and 2 of the Applicant's Order dated 22 March, 2012 given to the Respondent pursuant to Section 124 of the Local Government Act, 1993, within the timetable set out below. 2. Order 1 is to be stayed for a period of fourteen (14) days to enable the Respondent to carry out the work described in Order 1. 2Section 124 of the Local Government Act 1993 provides: 124 What orders may be given, in what circumstances and to whom? 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. ... A person who fails to comply with an order is guilty of an offence-see sec 628. 3Order No 21 in that Table is in the following terms: Orders requiring the preservation of healthy conditions 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