Burwood Council v Lilli [2020] NSWLEC 15

Burwood Council v Lilli [2020] NSWLEC 15

The purported Interim Occupation Certificate J190087 was void and of no effect because only the principal certifier had power to issue it, Mr Lilli as principal certifier did not issue or authorise it, and the fraudulent preparation and issuing of the document vitiated the statutory process so that the purported certificate was a nullity. The Court exercised its discretion to grant the declaration because it had substantive basis and utility.

Jurisdiction
Australia
Judgment Date
02 March 2020
Procedural Posture
Class 4 Judicial Review Proceedings Seeking Declaratory Relief / Principal Ex Tempore Judgment on Amended Summons
Outcome
Declaration made that the purported interim occupation certificate is void and of no effect; costs orders made; proceedings otherwise dismissed.
Legal Topics
['interim Occupation Certificate' 'principal Certifier Powers' 'fraud Affecting Statutory Decision Making' 'declaration of Invalidity' 'costs']
['planning and Environment Law' 'administrative Law' 'judicial Review'] ['interim Occupation Certificate' 'principal Certifier Powers' 'fraud Affecting Statutory Decision Making' 'declaration of Invalidity' 'costs']

Case Brief

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Procedural Posture

Class 4 Judicial Review Proceedings Seeking Declaratory Relief / Principal Ex Tempore Judgment on Amended Summons

Legal Issues

  1. 1 ['Whether purported Interim Occupation Certificate J190087 dated 23 December 2019 was void and of no effect because it was not issued by the principal certifier with power to issue it.' 'Whether the fraudulent preparation and issuing of the purported interim occupation certificate provided a basis for declaring it a nullity and void.' 'Whether there was utility in making the declaration sought.']

Ratio Decidendi

The purported Interim Occupation Certificate J190087 was void and of no effect because only the principal certifier had power to issue it, Mr Lilli as principal certifier did not issue or authorise it, and the fraudulent preparation and issuing of the document vitiated the statutory process so that the purported certificate was a nullity. The Court exercised its discretion to grant the declaration because it had substantive basis and utility.

Court Disposition

Declaration made that the purported interim occupation certificate is void and of no effect; costs orders made; proceedings otherwise dismissed.

Orders

  • ['The Court declares that purported Interim Occupation Certificate J190087 dated 23 December 2019 for occupation of 56-60 Burwood Road Burwood NSW 2134 excluding levels 2 and 10 is void and of no effect.' "The Court orders that the Third and Fourth Respondents pay the Applicant's costs of these proceedings as agreed...