Three women have lost their court bid to stop a Sydney council from cleaning up piles of “putrid” rotting rubbish at their Bondi home.
Mary Bobolas and her daughters, Elena and Liana Bobolas, have been locked in various legal stoushes with Waverley Council over the removal of piles of rubbish from outside their home in Sydney’s famous beachside suburb.
The waste, which includes decaying vegetation, plastic crates, tins, bricks and books, is a public health risk as it could attract insects and vermin, the council says.
The current legal battle comes after the women were again told to clean up in December 2012.
After failing to do so, Waverley Council took them to the Land and Environment Court (LEC) seeking further orders to remove the rubbish.
In a hearing earlier this month, the LEC heard that waste at the house had “increased significantly” from 2012 to 2014 and was the “worst” one council officers had seen since 2006.
There was pooling water containing a slurry of decaying vegetation and an unpleasant odour was coming from the house, the court heard.
Following this hearing, the LEC ordered the council to clean up the “putrid and offensive smelling” waste at the house.
But on March 14, the three women took the matter to the NSW Court of Appeal, seeking, among other things, an order to prevent the council from entering their home before an appeal on the LEC’s decision is heard.
Elena Bobolas told the court that council workers had “deliberately taunted” her mother by smashing pots during a previous clean-up in 2004.
But on Tuesday, Justice Julie Ward dismissed the claim, saying the women had known about the clean-up since December 2012.
“While they have assured me that they wish to (and will) remove the items themselves, the history of the matter to date … is such that I am not confident that, left to their own devices, the applicants will, or will be able to,” Justice Ward said.
While she conceded the women may be burdened with the cost of the clean-up, she said “it is a circumstance that the applicants have brought upon themselves”.
She dismissed the notice of motion with costs.
The clean-up is now able to take place from March 31.