Bobolas v Waverley Council [2015] NSWCA 204

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Bobolas v Waverley Council [2015] NSWCA 204 Hearing dates: 13 July 2015 Decision date: 13 July 2015 Before: Basten JA Decision: 1. Direct that there be a stay on giving effect to orders 5 and 6 made by Sheahan J on 24 April 2015 and consequentially that such other provisions in the orders as refer to "the Works" be understood to refer to "the Removal Works", pending determination of the appeal.

2. Otherwise dismiss the motion filed in this Court on 8 July 2015.

3. Direct that the costs of the motion be costs in the appeal. Catchwords: APPEAL – stay pending appeal – respondent council seeking to enforce only orders with respect to removal of waste – public interest in health and safety – limited prejudice to applicants in enforcement – no manifest excess of power in making orders Legislation Cited: Local Government Act 1993 (NSW), ss 200, 678 Category: Procedural and other rulings Parties: Liana Bobolas (First Applicant) Elena Bobolas (Second Applicant) Mary Bobolas (Third Applicant) Waverley Council (Respondent) Representation: Counsel: First and Second Applicants in person Mr P Clay SC/Ms J Reid (Respondent)

Solicitors: (First and Second Applicants self-represented) Wilshire Webb Staunton Beattie (Respondent) File Number(s): 2015/151997 Decision under appeal Court or tribunal: Land and Environment Court Citation: Waverley Council v Bobolas (No 2) [2015] NSWLEC 66 Date of Decision: 24 April 2015 Before: Sheahan J File Number(s): 41027 of 2014