Waverley Council v Bobolas (No 2) [2018] NSWLEC 144

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Bobolas (No 2) [2018] NSWLEC 144 Hearing dates: 6 September 2018 Date of orders: 14 September 2018 Decision date: 14 September 2018 Jurisdiction: Class 4 Before: Pain J Decision: See [5] of judgment Catchwords: ORDERS – final orders issued following judgment Legislation Cited: Local Government Act 1993 s 678 Cases Cited: Waverley Council v Bobolas [2018] NSWLEC 116 Category: Consequential orders (other than Costs) Parties: Waverley Council (Applicant) Mary Bobolas (First Respondent) Elena Bobolas (Second Respondent) Liana Bobolas (Third Respondent) Representation: COUNSEL: A Pickles SC and J Reid (Applicant) N/A (First Respondent) Elena Bobolas in person (Second Respondent) Liana Bobolas in person (Third Respondent)

SOLICITORS: Wilshire Webb Staunton Beattie (Applicant) N/A (Respondents) File Number(s): 18/50888

Judgment

Final orders issued 1. In Waverley Council v Bobolas [2018] NSWLEC 116 (Bobolas No 1) I held that orders arising from s 678(10) of the Local Government Act 1993 should be issued as against the Second and Third Respondents. I stated that no orders would be made against the First Respondent Mrs Mary Bobolas for the reasons identified in [3] of Bobolas No 1. I attached draft orders to the judgment and provided an opportunity to all three Respondents as the orders have the potential to affect Mrs Mary Bobolas, and the Council, to comment on these as identified in [88]. The First Respondent Mrs Mary Bobolas did not appear on 6 September 2018. 2. Having heard further extensive argument about the terms of the draft orders from the Council and the Second and Third Respondents on 6 September 2018 I have now finalised them as set out below. I have stayed the substantive orders for 60 working days from the date of these orders being until 7 December 2018. 3. No orders have yet been made in the proceedings against Mrs Mary Bobolas. The proceedings against her will be stood over before me to a date after these orders should have been executed at 9.30 am on Wednesday 30 January 2019. The Council can then advise whether it wishes to pursue orders against Mrs Mary Bobolas or have those proceedings dismissed. 4. As advised to the parties on 6 September 2018 I have issued the final orders in chambers. This judgment which includes the orders will be posted to all the Respondents as the Second and Third Respondents requested as well as to the Council. For abundant caution I also ask the Council to place this judgment in a sealed soft plastic pocket on the outside of the double front gates of the premises at 19 Boonara Avenue Bondi within three days of receiving it.