Australia, June 9 -- New South Wales Land and Environment Court issued text of the following judgement:

1. This matter was commenced by a Class 4 Summons (Summons) filed 12 July 2024 by Armidale Regional Council (the Applicant) seeking a declaration that Stephen Cox (the Respondent) has breached a Waste Removal Order (WRO) dated 13 December 2023 issued pursuant to items 10 and 21 in the s 124 table of the Local Government Act 1993 (NSW) (LG Act). Apropos this order, the Applicant further requests a declaration that the Respondent has breached the LG Act. The Respondent owns the land the subject of the WRO, namely Lot 2 DP 1075489, 294 Rusden Street, Armidale NSW (the Property).

2. A further order, pursuant to s 673(1) of the LG Act, is sought to remedy the breaches of the WRO and the LG Act by requiring the Respondent to comply with the WRO within 28 days of these orders, or failing that, an order is sought permitting the Applicant to exercise its functions under s 678(10) of the LG Act to do all such things necessary or convenient to give effect to the terms of the WRO (the Works).

No Appearance by the Respondent

3. When the matter was called on for hearing, there was no appearance by the Respondent. Mr King, solicitor, who appeared for the Applicant, then read a series of affidavits concerning service on the Respondent of the WRO, the Summons, and all affidavits and other evidence that the Applicant sought to tender and rely upon at the hearing. The affidavits of service read were:

a) Affidavit of Sandra Falealili dated 19 July 2024;

b) Affidavit of Service of Lara Finlayson dated 28 February 2025;

c) Affidavit of James Harry King dated 11 April 2025 (including the documents that form Exhibit JHK-1 to the affidavit); and

d) Affidavit of Fayette Juanita Vermeer dated 8 May 2025.

4. Based on this affidavit evidence and other material, I am satisfied that the Respondent has been served with the WRO, the initiating Summons to these proceedings, and all of the affidavit and other evidence that the Applicant seeks to rely on, and that he had been notified of the orders made by this Court on 4 April 2025 listing this matter for hearing on 9 May 2025.

Factual History

5. Mr King tendered a bundle of documents which included evidence of the ownership by the Respondent of the Property, as well as some overhead photographs showing the Property and depicting waste and rubbish surrounding it: Exhibit A pages 101-102.

6. An Affidavit of Scott David Goodhand dated 9 July 2024 was read, and tendered with it was a bundle of documents described as Exhibit SG-1. The following matters are established by Mr Goodhand's affidavit:

a. On 5 July 2022, the Applicant received a complaint in relation to vehicles that were also on the adjoining nature strip. The Property was inspected on 12 and 19 July 2022.

b. On 19 July 2022, the Applicant issued a Notice of Intention to issue an order under item 21 in the table in s 124 LG Act to the Respondent. On 9 August 2022, the Applicant issued Order No. 21 (Order No. 21) on the Respondent to ensure the Property was kept in a safe and healthy condition.

c. On 28 September 2022, the Respondent issued a show cause letter as to why he should not be "legally required to comply with the provisions of" Order No. 21.

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/196b3b07e61239b326d331df)

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