Manly Council v Kelly

Manly Council v Kelly - [2005] NSWLEC 685 - NSWLEC 1997 case summary — Zoe

[17]

8 On 5 October 2004, the parties filed short minutes of order. By consent, the Court made the following orders:

The Respondent, by himself or his servants and agents, is to remove from Lot 4 DP 19148, known as No. 5 Redman Street, Seaforth ("the subject premises"), or cause to be removed from the subject premises, the two car bodies, marked "CB/1" and "CB/2" on Annexure "C" to the affidavit of Stephen Rodney Kinsela sworn on 7 July 2004 and filed in these proceedings, a copy of which is annexed to these orders and marked "1", within 10 months of the date of these orders.
From the date of these orders to the date on which the two car bodies referred to in Order 1 are removed, the said car bodies are to remain secured to the dwelling house by way of a cable, as shown in annexure "D" to the affidavit of Christopher Brian Kelly affirmed on 26 August 2004 and filed in these proceedings, which is annexed to these orders and marked "2".
At all material times when the Respondent is not engaged in restoring the two car bodies marked "CB/1" and "CB/2" on Annexure "1" to these orders, the Respondent is to ensure that the said car bodies are securely covered with tarpaulins, as shown in the photographs contained in annexure "C" to the affidavit of Christopher Brian Kelly affirmed on 26 August 2004 and filed in these proceedings, which are annexed to these orders and marked "3" and "4".
The Respondent, by himself or by his servants and agents, is to remove, or cause to be removed, all paper and rubbish located in the inside areas of the two car bodies located on the subject premises marked "CB/3" and "CB/4" on annexure 1, within 7 days from the date of these orders.
The Respondent is to close the windows of the car bodies marked "CB/3" and "CB/4" in annexure "A" and is to ensure that the said windows remain closed until such time as the said car bodies are removed from the subject premises.
The Respondent is to place, or caused [sic] to be placed, rodent poison within the car bodies marked "CB/3" and "CB/4" in annexure "A".
The Respondent is to check the rodent poison referred to in order 6 on a weekly basis and is to replace the said poison when and where required.
The Respondent is to cause a qualified pest manager to conduct an inspection of the subject premises, and prepare a pest management report(s), at 6 monthly intervals from the date of these orders, and is to submit, or cause to be submitted, the said reports to the Council, until such time that the car bodies "CB/3" and "CB/4" are removed from the subject premises.
The Respondent is to carry out, or cause to be carried out, any pest management action recommended in the report(s) referred to in order 8.
Costs reserved.

At a glance

Court

Decision date

Before

Source

Judgment (34 paragraphs)

Parties

Cases Cited (6)

Cited By (2)