Waverley Council v Bobolas (No 3) [2018] NSWLEC 208

Land and Environment Court New South Wales

Medium Neutral Citation: Waverley Council v Bobolas (No 3) [2018] NSWLEC 208 Hearing dates: 14 December 2018 Date of orders: 19 December 2018 Decision date: 19 December 2018 Jurisdiction: Class 4 Before: Pain J Decision: (1) The Second and Third Respondents' notice of motion dated 11 December 2018 is dismissed.

(2) The Second and Third Respondents are to pay the Council's costs of the notice of motion dated 11 December 2018.

(3) The exhibits may be returned. Catchwords: PROCEDURE – notice of motion to extend stay of final orders enabling removal of waste outside residential premises by council refused Legislation Cited: Local Government Act 1993 s 124 Cases Cited: Waverley Council v Bobolas [2018] NSWLEC 116 Waverley Council v Bobolas (No 2) [2018] NSWLEC 144 Category: Procedural and other rulings 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 1. On 27 August 2019 I delivered judgment, Waverley Council v Bobolas [2018] NSWLEC 116, concerning the enforcement of a waste removal order issued under the Local Government Act 1993 (LG Act) in relation to the Second and Third Respondents Ms Elena Bobolas and Ms Liana Bobolas. On 14 September 2018 I delivered a further judgment with final orders giving effect to my first judgment Waverley Council v Bobolas (No 2) [2018] NSWLEC 144 (Bobolas No 2). The final orders in Bobolas No 2 enable the Council to enter and remove specified waste from outdoor areas of the property in Boonara Avenue, Bondi (the Property). The orders were stayed for 60 working days being until 7 December 2018 to enable the Second and Third Respondents to undertake the work themselves. The Second and Third Respondents have filed a notice of motion dated 11 December 2018 seeking the following orders: 1. To vary the orders of Justice Pain of 6 and 14 September 2018 (and any other date), especially to allow for more time for BOBOLAS to complete the work, and in regard to exempt items, to include ladders and the driveway bricks which are stacked in the side of the yard. Please see supporting affidavits for reasons. 2. ... 1. At the outset of the hearing on the notice of motion I advised the two Respondents that I was not able to consider the matter identified in prayer 2 as that concerned my final findings in Bobolas No 1. I am unable to reopen matters determined in a final judgment. The appropriate avenue to do so is to lodge an appeal. Accordingly the only part of the motion I am considering is prayer 1 being an application to extend the stay of orders made in Bobolas No 2 inter alia.