Blacktown City Council v Li and Ors [2014] NSWLEC 1046

Blacktown City Council v Li and Ors [2014] NSWLEC 1046

Although there had been a valid brothel closure order and a past failure to comply, the premises were no longer being used as a brothel and there was no present failure to comply. Because s 121ZS required a present failure to comply as a jurisdictional fact, the Court lacked jurisdiction to make the utilities order sought, and the application was dismissed.

Jurisdiction
Australia
Judgment Date
24 February 2014
Procedural Posture
Class 1 Application for a Utilities Order Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Hearing
Outcome
Application dismissed
Legal Topics
['utilities Order' 'brothel Closure Order' 'jurisdictional Fact' 'costs Undertaking']
['environmental Planning and Assessment' 'land and Environment Court Proceedings'] ['utilities Order' 'brothel Closure Order' 'jurisdictional Fact' 'costs Undertaking']

Case Brief

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Procedural Posture

Class 1 Application for a Utilities Order Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Hearing

Legal Issues

  1. 1 ['Whether the Court had jurisdiction under s 121ZS of the Environmental Planning and Assessment Act 1979 to make a utilities order where the premises were no longer being used as a brothel.' 'Whether there was a failure to comply with a brothel closure order sufficient to found the application.' 'Whether proposed undertakings by the second and third respondents could be accepted in the proceedings.' 'Whether the nonappearance and non-engagement of the second and third respondents justified making the utilities order sought.']

Ratio Decidendi

Although there had been a valid brothel closure order and a past failure to comply, the premises were no longer being used as a brothel and there was no present failure to comply. Because s 121ZS required a present failure to comply as a jurisdictional fact, the Court lacked jurisdiction to make the utilities order sought, and the application was dismissed.

Court Disposition

Application dismissed

Orders

  • ['The application is dismissed.' "The Court noted the undertaking given on behalf of the first respondent to pay the applicant's costs as agreed in the amount of $3,000, with payment to be made within 28 days of the order."]