Waverley Council v Bobolas (No 2) [2015] NSWLEC 66

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Bobolas (No 2) [2015] NSWLEC 66 Hearing dates: 23 and 24 April 2015 Date of orders: 24 April 2015 Decision date: 24 April 2015 Jurisdiction: Class 4 Before: Sheahan J Decision: (a) The Notice of Motion dated 22 April 2015, and filed by the respondents by email on 23 April 2015, is dismissed. (b) The Court adopts the "definitions of terms" in par 1 of the summons, dated 5 December 2014, and makes the declaration sought in prayer 2 of it. (c) The Court makes the orders sought by the applicant in prayers 3 to 18 of the summons, as slightly modified in Short Minutes of Order filed in Court on 24 April 2015. (d) The respondents are ordered to pay the applicant's legal costs of or incidental to these proceedings, as agreed or assessed. (e) The applicant is to bring in by 4 pm today Short Minutes of Order to reflect orders (a) to (d) hereof, to be made in chambers. (f) Exhibit C1 is returned. (g) The parties are to have liberty to apply on two days' notice in respect of the "working out" of the Court's orders. Catchwords: INJUCTIONS AND DECLARATIONS: non-compliance with orders issued by Council, including to clean up waste unlawfully kept on premises – risks to public health and safety – order the respondents to refrain in future from keeping waste on the premises – order made enabling Council to clean up waste and attend to other health and safety issues – recovery of costs and expenses of works – costs of proceedings.

PRACTICE AND PROCEDURE: application for adjournment pending an appeal from a decision of the Legal Aid Commission to refuse legal aid to the respondents – whether appeal "bona fide" – application refused. Legislation Cited: Environmental Planning and Assessment Act 1979 Legal Aid Commission Act 1979 Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Lewis v Spencer [2007] NSWSC 1383 Manly Council v Moffit [2006] NSWLEC 184; 146 LGERA 215 Prothonotary of the Supreme Court of New South Wales v Yau Hang Chan [2013] NSWSC 1270 Scott-Irving v State of New South Wales [2014] NSWSC 1006 Waverley Council v Bobolas [2009] NSWLEC 190 Category: Principal judgment Parties: Waverley Council (Applicant) Mary Bobolas (1st Respondent) Elena Bobolas (2nd Respondent) Liana Bobolas (3rd Respondent) Representation: Counsel: Mr P Clay, SC with Mr M Staunton, barrister, and (on 24 April) Ms J Reid, barrister (Applicant) No appearance (Respondents)