Bobolas v Waverley Council

[2014] NSWCA 131

NSW Court of Appeal

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Interrogate

Catchwords

1. Practice and Procedure
2. › Interlocutory applications
3. › Review of single Judge of Appeal's orders
4. › Supreme Court Act 1970 (NSW), s 46(4)
5. › Standard of review
6. › Whether reviewable error shown
7. › Whether error of law, material error of fact, failure to consider material matter, or taking into account irrelevant consideration
1. Practice and Procedure
2. › Stay of proceedings
3. › Stay of execution pending appeal
4. › Discretionary factors
5. › Whether appeal rendered nugatory
6. › Balance of convenience
7. › Public health and safety considerations
8. › Alexander v Cambridge Credit Corporation principles
1. Practice and Procedure
2. › Setting aside judgments and orders
3. › Irregularity, illegality or want of good faith
4. › Whether non-compliance with appearance requirements invalidates orders
5. › Uniform Civil Procedure Rules 2005 (NSW), rr 36.15(1), 36.16(2), 51.5(1)
6. › Civil Procedure Act 2005 (NSW), s 63(2)
1. Local Government
2. › Enforcement of orders
3. › Power of Land and Environment Court to order council to carry out works
4. › Whether power includes authority to enter premises without owner's consent
5. › Local Government Act 1993 (NSW), ss 124, 678(1), 678(10)

Quick Take

The power of the Land and Environment Court under s 678(10) of the Local Government Act 1993 (NSW) to order a council to exercise its clean-up functions under s 678(1) includes the power to authorise entry onto premises without the owner's or occupier's consent, provided affected persons are joined as parties. Such orders provide a defence of lawful authority to trespass claims. Non-compliance with UCPR r 51.5(1) (appearance requirements) does not invalidate steps taken or orders made, by operation of s 63(2) of the Civil Procedure Act 2005 (NSW).