Hack and anor v Randwick City Council (No 2) [2010] NSWLEC 1075

Hack and anor v Randwick City Council (No 2) [2010] NSWLEC 1075

The Orders were Brothel Closure Orders and were therefore exempt from the requirement to comply with s 121F – s121K of the Environmental Planning and Assessment Act 1979; appropriate reasons were given for the Orders. The appeal was dismissed, but the compliance paragraph was modified so that compliance was required within five working days from the date of the Court's order.

Jurisdiction
Australia
Judgment Date
06 April 2010
Procedural Posture
Appeal Against Two Brothel Closure Orders / Final Orders
Outcome
Appeal dismissed; Brothel Closure Orders upheld with modification to the time for compliance.
Legal Topics
['brothel Closure Order' 'environmental Planning and Assessment Act 1979' 'appeal Against Council Order' 'compliance Period']
['planning and Environment Law'] ['brothel Closure Order' 'environmental Planning and Assessment Act 1979' 'appeal Against Council Order' 'compliance Period']

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Procedural Posture

Appeal Against Two Brothel Closure Orders / Final Orders

Legal Issues

  1. 1 ['Whether the Brothel Closure Orders were invalid for non-compliance with s 121F–s 121K of the Environmental Planning and Assessment Act 1979.' 'Whether appropriate reasons were given for the Brothel Closure Orders.' 'What final orders should be made in the appeal, including the time for compliance.']

Ratio Decidendi

The Orders were Brothel Closure Orders and were therefore exempt from the requirement to comply with s 121F – s121K of the Environmental Planning and Assessment Act 1979; appropriate reasons were given for the Orders. The appeal was dismissed, but the compliance paragraph was modified so that compliance was required within five working days from the date of the Court's order.

Court Disposition

Appeal dismissed; Brothel Closure Orders upheld with modification to the time for compliance.

Orders

  • ['The appeal is dismissed.' 'Pursuant to s 121ZK(4)(b) of the EPA Act, the terms of the Orders issued by Randwick Council on 24 March 2009 to Gregory Hack and C. Wang are endorsed with the exception of the paragraph concerning compliance within five working days from service.' 'The Order is modified by deleting that...