Tweed Shire Council v Furlonger [2015] NSWLEC 107

Land and Environment Court New South Wales

Medium Neutral Citation: Tweed Shire Council v Furlonger [2015] NSWLEC 107 Hearing dates: 1-2 July 2015 Date of orders: 06 July 2015 Decision date: 06 July 2015 Jurisdiction: Class 4 Before: Moore AJ Decision: See orders at (141). Catchwords: CIVIL ENFORCEMENT: works carried out to a caravan and associated structures in a caravan park; consent required but not obtained; works also breach specific provisions of the regulations; discretion whether to order removal or rectification; discretion exercised, limited rectification ordered to effect compliance COSTS: costs ordinarily follow the event; applicant initially seeks specific relief including one order without any factual basis and another which, in its scope, was beyond power; applicant's case also partly based on a provision in the regulations that does not apply; question of whether costs order should be adjusted; costs order made but discounted by twenty-five per cent REPRESENTATION: respondent seeks to be represented by her husband as agent; leave required to be so represented; awareness of requirements for representation by an agent; treating agent as if respondent was self-represented appropriate under the circumstances; leave granted Legislation Cited: Land and Environment Court Act 1979 Land and Environment Court Rules 2007 Local Government Act 1993 Local Government (Manufactured Home Estates, Caravan Parks, Camping Grounds and Moveable Dwellings) Regulation 2005 Cases Cited: Warringah Shire Council v Sedevic (1987) NSWLR 335 Wechsler v Sydney City Council (No 2) [2015] NSWLEC 35 Category: Principal judgment Parties: Tweed Shire Council (Applicant) Jacqueline Furlonger (Respondent) Representation: Counsel: A Isaacs, barrister (Applicant) K Furlonger, agent (Respondent)