You can’t beat the Councils….even when you thought you won.

Tuesday , 28, June 2016 Leave a comment


“Court of Appeal strikes down clean-up orders” was the headline in May of 2012 when the NSW Court of Appeal held in Bobolas v Waverley Council [2012] NSWCA 126 that three orders issued under s124 of the Local Government Act 1993 (LGA) requiring the owners of a residential premises in Bondi to clean up waste located on their property
were invalid.

waverly

Four years later the same parties are back before the same Court on the very same issue now in Bobolas v Waverley Council [2016] NSWCA 139 Court of Appeal of New South Wales.

This time the Bobolas family appealed orders coming from the Land and Environment Court which permitted the Council to carry out works in relation to removal of waste at appellants’ residence (and charge them for the removal).

HELD:  Appeal dismissed.



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