Waverley Council wins latest battle with the Bobolas Bondi hoarders

Waverley Council wins latest battle with the Bobolas Bondi hoarders
Waverley Council wins latest battle with the Bobolas Bondi hoarders

The rubbish-strewn property owned by Sydney’s worst hoarders, the Bobolas family, has been subject to continued Waverley Council court proceedings since last in the spotlight when the property was withdraw from February auction.

The Bobolas family came forward to settle judgments of around $180,000 on the day leading up to the scheduled Sheriff's Office auction.

But since then the property at 19 Boonara Avenue, Bondi - prime real estate in the tightly-held beachside suburb - has been subject to further Land & Environment Court hearings with another judgement late last week.

Property Observer estimates it to be the 25th L&E court judgement over the past decade, along with five in the NSW Court of Appeal.

Waverley Council commenced Class 4 civil enforcement proceedings seeking orders for the removal of waste, with judgment in council favour delivered in April 2015.

Then the Bobolas family filed in May 2015, a Notice of Motion dated 30 April 2015 to seek an order to set aside the judgment.

The family were not present at the hearing on 23 and 24 April or when judgment was delivered on 24 April 2015, so they argued against the order made in their absence.

The judgment of Sheahan J in Waverley Council v Bobolas (No 2) [2015] NSWLEC 66 delivered on 24 April 2015 identified that there had been an implied application to adjourn the hearing by the family on the basis that an application for legal aid was being made.  

However a letter had been received by the Court from the Legal Aid Commission (LAC) dated 22 April 2015 advising of the refusal of legal aid, stating that legal aid is not available in matters of this kind, though subject to the right of appeal under s 57 of the Legal Aid Commission Act1979 (NSW) (LAC Act) to the Legal Aid Review Committee.

In last week's judgment, with decision against, the family were advised to prepare for compulsory waste removal along with demolition of the rear garage on the property.

When up for compulsory sale earlier his year some 64 contracts had been issued during its marketing without a single inspection.

It was expected to sell for $1.8 million plus given the 550 square land size at its proposed Raine & Horne auction. The house was bought in 1973 for $15,000.

The funds had to be received and cleared to stop the auction going ahead. The property had no registered mortgage on its title.

In February Property Observer noted four writs on the title.

       AT BONDI
       LOCAL GOVERNMENT AREA WAVERLEY
       PARISH OF ALEXANDRIA   COUNTY OF CUMBERLAND
       TITLE DIAGRAM DP9503

    FIRST SCHEDULE
    --------------
   

    SECOND SCHEDULE (5 NOTIFICATIONS)
    ---------------
    1   RESERVATIONS AND CONDITIONS IN THE CROWN GRANT(S)
  * 2   AI745374  WRIT BY WAVERLEY COUNCIL. WRIT. NO 2012/00226206.
                  ISSUED 2/9/2014. LOCAL COURT
  * 3   AI745377  WRIT BY WAVERLEY COUNCIL. WRIT NO.2009/00347285.
                  ISSUED 2/9/2014. LOCAL COURT.
  * 4   AI745378  WRIT BY WAVERLEY COUNCIL. WRIT NO. 2006/00301254.
                  ISSUED 2/9/2014. LOCAL COURT
  * 5   AI745379  WRIT BY WAVERLEY COUNCIL. WRIT NO. 2009/00349854.
                  ISSUED 2/9/2014. LOCAL COURT.

The property still has the four writs. Property Observer notes there has been no registered mortgage appear on title since the $180,000 fee was paid to avoid the February auction.

The property has been the sad centre of controversy for decades with more than $350,000 of Waverley ratepayers money spent trying to control the tonnes of rubbish.

"The photographs and first-hand observations of the witnesses show not only the breaches, but continuous and substantial increases in the amount of waste, and continuous deterioration in the condition of the subject premises," the recent court judgement noted.

"That all serves as evidence of no effort being shown by the respondents to deal with the issues."

Ironically the court judgement requires, not less than 3 days before the removal works commence, that council give notice in writing to the family of the date of intended commencement of the works - by affixing notice in sealed clear soft plastic pockets to the outside of the double front gates of the property.

Could it be spotted in all the mess?

 

Jonathan Chancellor

Jonathan Chancellor

Jonathan Chancellor is one of our authors. Jonathan has been writing about property since the early 1980s and is editor-at-large of Property Observer.

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