Fairfield City Council v Michael Patrick Keogh [2013] NSWLEC 90

Land and Environment Court New South Wales

Medium Neutral Citation: Fairfield City Council v Michael Patrick Keogh [2013] NSWLEC 90 Hearing dates: 11 April and 20 June 2013 Decision date: 20 June 2013 Jurisdiction: Class 4 Before: Pepper J Decision: The Court orders that: (1) that within a period of forty (40) days from the date of this order, the respondent place and keep the premises at 8 Barkley Street, Carramar, NSW, in a healthy condition by cutting and/or slashing and removing the overgrown vegetation (grass) from the premises; (2) an order that if the respondent does not comply with order 1 within the time referred to in that order, then pursuant to s 678(1) of the Local Government Act 1993 that the applicant enter the land and do all such things as are necessary or convenient to give effect to the terms of the order, including the carrying out of any work required by the order; (3) an order that the applicant give the respondent seven (7) days written notice of any time that the applicant intends to enter the land and give effect to the terms of order 2; and (4) an order that the respondent pay the applicant's costs of the proceedings as agreed or assessed. Catchwords: CIVIL ENFORCEMENT: non-compliance with orders by council to cut and remove overgrown grass - whether order breached - whether appropriate to order compliance with order - whether appropriate to make further order for council to carry out the work required in the event of non-compliance by the respondent. Legislation Cited: Local Government Act 1993, ss 124, 132, 627, 672, 678 Cases Cited: Council of the City of Sydney v The Estate of the Late Alfred Sulligoi care of The Public Trustee [2007] NSWLEC 778