Lismore City Council v Hamshaw [2013] NSWLEC 204

Land and Environment Court New South Wales

Medium Neutral Citation: Lismore City Council v Hamshaw [2013] NSWLEC 204 Hearing dates: 26 November 2013 Decision date: 26 November 2013 Jurisdiction: Class 4 Before: Craig J Decision: Direct that by 29 November 2013 the applicant provide to my Associate draft short minutes of orders consistent with the reasons for judgment Catchwords: CIVIL ENFORCEMENT - failure to comply with directions given pursuant to s 23 of the Swimming Pools Act 1992 - fencing of existing swimming pool - no fence separating dwelling from swimming pool - non-compliance with Australian Standard for doors and windows opening directly to the swimming pool - application of ss 7 and 8 of the Swimming Pools Act - scope of orders available under s 30(2) of the Swimming Pools Act Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Local Government Act 1919 (NSW) (now repealed) Local Government Act 1993 (NSW) Swimming Pools Act 1992 (NSW) Swimming Pools Regulation 2008 Uniform Civil Procedure Rules 2005 Cases Cited: Warringah Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Lismore City Council (Applicant) Kay Margaret Marie Hamshaw (First respondent) Hayden Hamshaw (Second respondent) Representation: M Young (solicitor) (Applicant) No appearance (Respondents) McCartney Young Lawyers (Applicant) No appearance (Respondents) File Number(s): 40395 of 2013