Kudrynski v Wollongong City Council [2013] NSWCA 461

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Kudrynski v Wollongong City Council [2013] NSWCA 461 Hearing dates: 10 December 2013 Decision date: 19 December 2013 Before: Macfarlan JA at [1] Barrett JA at [43] Gleeson JA at [44] Decision: The appeal is dismissed with costs. [Note: The Uniform Civil Procedure Rules 2005 provide (Rule 36.11) that unless the Court otherwise orders, a judgment or order is taken to be entered when it is recorded in the Court's computerised court record system. Setting aside and variation of judgments or orders is dealt with by Rules 36.15, 36.16, 36.17 and 36.18. Parties should in particular note the time limit of fourteen days in Rule 36.16.] Catchwords: ENVIRONMENT AND PLANNING -unauthorised structures and an accumulation of motor-related equipment and other material on the appellants' property - respondent council issued notices to the appellants to demolish or remove these structures and a notice to remove and dispose of rubbish and refuse on the property - Council obtained orders of the Land and Environment Court enforcing the orders - no error established on appeal Legislation Cited: Environmental Planning and Assessment Act 1979 Evidence Act 1995 Interpretation Act 1987 Land and Environment Court Act 1979 Law Enforcement (Powers and Responsibilities) Act 2002 Law Enforcement (Powers and Responsibilities) Regulation 2005 Local Government Act 1993 Cases Cited: Fox v Percy [2003] HCA 22; 214 CLR 118 Warringah Council v Sedevcic (1987) 10 NSWLR 335 Category: Principal judgment Parties: Julius Kudrynski (First Appellant) Alicia Kudrynski (Second Appellant) Wollongong City Council (Respondent) Representation: Counsel: Self-represented Appellants R O'Gorman-Hughes (Respondent) Solicitors: Self-represented Appellants Wollongong City Council File Number(s): CA 2013/48298 Decision under appeal Citation: Wollongong City Council v Kudrynski & Anor [2013] NSWLEC 4 Date of Decision: 2013-01-29 00:00:00 Before: Sheahan J File Number(s): 40173 of 2012