Canterbury-Bankstown Council v O’Connell [2020] NSWLEC 19

Land and Environment Court New South Wales

Medium Neutral Citation: Canterbury-Bankstown Council v O'Connell [2020] NSWLEC 19 Hearing dates: 11 and 12 February 2020 Date of orders: 12 February 2020 Decision date: 12 February 2020 Jurisdiction: Class 4 Before: Moore J Decision: See orders in Annexure A Catchwords: CIVIL ENFORCEMENT - Respondent ordered by Council to cease providing food and shelter to multiple stray cats - order made to remedy environmental impact on neighbours of odour of cat faeces and urine - Respondent fails to obey order - evidence that proceedings drawn to attention of Respondent psychiatric certificate concerning Respondent did not provide a proper basis for adjourning the proceedings - consideration of the proper basis to make court orders requiring compliance - Respondent's premises subject to contract for sale - appropriate to provide opportunity for purchaser to seek to be joined to proceedings if desired - limited substituted performance order in favour of the Council appropriate - orders made COSTS - costs should follow the event - Council's actual costs of the order of $20,000 - preferable to make a gross sum costs order - appropriate basis is 65% to 75% of actual costs - Council proposes gross sum order in amount of $13,000 - Respondent ordered to pay the Council's costs in the gross sum of $13,000 Legislation Cited: Civil Procedure Act 2005, s 98 Local Government Act 1993 Category: Principal judgment Parties: Canterbury-Bankstown Council (Applicant) Phillip O'Connell (Respondent) Representation: Counsel: Mr M Cottom, solicitor (Applicant) No appearance (Respondent)