Fairfield City Council v Damevski

Land and Environment Court New South Wales Case Name:  Fairfield City Council  v  Damevski Medium Neutral Citation:  [2015] NSWLEC 64 Hearing Date(s):  10 March and 1 April 2015 Date of Orders: 1 April 2015 Decision Date:  1 April 2015 Jurisdiction:  Class 4 Before:  Preston CJ Decision:  Orders as set out at [52] Catchwords:  CIVIL ENFORCEMENT – council order to put land in safe and healthy condition – landowner failed to comply with order – Court orders landowner to comply with council order – in default, Court orders council to perform works Legislation Cited:  Local Government Act 1993 ss 124, 132, 136, 193, 672, 674, 678 Category:  Principal judgment Parties:  Fairfield City Council (Applicant) Mr Borce Damevski (Respondent) Representation:  Counsel: Mr J J Thompson (Solicitor) (Applicant) No appearance for the Respondent Solicitors: Ritchie & Castellan Solicitors (Applicant) File Number(s):  40714 of 2014 Publication Restriction:  No JUDGMENTMr Borce Damevski is the owner of land at 1 Usher Close, Abbotsbury, being Lot 2102 in Deposited Plan 740825. The land is in the local government area of Fairfield City.The land is a typical suburban allotment on the corner of Usher Close and Darling Street in the residential suburb of Abbotsbury. A brick dwelling house has been erected on the land fronting Usher Close. The rear yard is adjacent to Darling Street. Some irregular fencing and a brick wall of a partly constructed building divide the rear yard from the dwelling and a small curtilage of land. The rear yard is, and has been for...