Fairfield City Council v Zhu and Others [2003] NSWLEC 235

Fairfield City Council v Zhu and Others [2003] NSWLEC 235

The Court was satisfied that the premises had been used for offering and engaging in sexual services at least on 26 November 2002 and were being continuously used as business premises. Those uses were prohibited in the Residential A1 zone under the Fairfield Local Environmental Plan 1994. The first, third and fourth respondents accepted that if the business use was illegal it must cease, and the owners were responsible for not allowing the premises to be used for a business.

Jurisdiction
Australia
Judgment Date
18 September 2003
Procedural Posture
Class 4 Application for Declarations and Orders Concerning Prohibited Development / Ex Tempore Judgment After Hearing
Outcome
Application substantially granted; declarations and orders made against the first, third and fourth respondents, with costs ordered in favour of the council.
Legal Topics
['injunctions and Declarations' 'prohibited Development' 'use of Residential Premises as Business Premises' 'use of Premises as Brothel' 'orders Against Operator and Owners of Land']
['planning and Environment Law'] ['injunctions and Declarations' 'prohibited Development' 'use of Residential Premises as Business Premises' 'use of Premises as Brothel' 'orders Against Operator and Owners of Land']

Case Brief

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Procedural Posture

Class 4 Application for Declarations and Orders Concerning Prohibited Development / Ex Tempore Judgment After Hearing

Legal Issues

  1. 1 ['Whether the premises at 610 The Horsley Drive, Smithfield were being used for the purposes of a brothel in contravention of the Fairfield Local Environmental Plan 1994.' 'Whether the premises were being used as business premises in contravention of the Fairfield Local Environmental Plan 1994.' 'Whether orders should be made against the operator of the business and the owners of the land.']

Ratio Decidendi

The Court was satisfied that the premises had been used for offering and engaging in sexual services at least on 26 November 2002 and were being continuously used as business premises. Those uses were prohibited in the Residential A1 zone under the Fairfield Local Environmental Plan 1994. The first, third and fourth respondents accepted that if the business use was illegal it must cease, and the owners were responsible for not allowing the premises to be used for a business.

Court Disposition

Application substantially granted; declarations and orders made against the first, third and fourth respondents, with costs ordered in favour of the council.

Orders

  • ['Declaration that the first respondent was using the premises for the purpose of a brothel and business in contravention of the Fairfield Local Environmental Plan 1994.' 'Order that the use of the premises for a business, including a brothel and a massage parlour, stop.' 'Order that Mr Zhu stop conducting that...