Holroyd City Council v Khoury [2016] NSWLEC 18

Holroyd City Council v Khoury [2016] NSWLEC 18

The evidence established that the premises continued to be used as a boarding house in contravention of the s 121B order, that the use created a significant fire and life safety risk, and that the required notice had been given to the utility providers, the owner and occupiers. Because the Respondent had not complied with the order over a lengthy period and there was no basis to be confident he would cease the unlawful use without coercive relief, a utility order was justified. The Respondent's non-compliance and unreasonable conduct made it fair and reasonable that he pay the Applicant's costs.

Jurisdiction
Australia
Judgment Date
10 March 2016
Procedural Posture
Class 1 Application for a Utility Order Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Ex Tempore Principal Judgment; Final Orders
Outcome
Utility order granted; Respondent ordered to pay the Applicant's costs as agreed or assessed.
Legal Topics
['utility Order' 'unlawful Use of Premises as Boarding House' 'failure to Comply With S 121 B Order' 'fire and Life Safety Risk' 'substituted Service' 'costs in Class 1 Proceedings']
['planning and Environment Law' 'local Government' 'civil Procedure'] ['utility Order' 'unlawful Use of Premises as Boarding House' 'failure to Comply With S 121 B Order' 'fire and Life Safety Risk' 'substituted Service' 'costs in Class 1 Proceedings']

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Procedural Posture

Class 1 Application for a Utility Order Under S 121 ZS of the Environmental Planning and Assessment Act 1979 / Ex Tempore Principal Judgment; Final Orders

Legal Issues

  1. 1 ['Whether the premises at 36 Francis Street, Wentworthville were being used as a boarding house in contravention of a s 121B order.' 'Whether the failure to comply with the s 121B order caused or was likely to cause a significant adverse impact on health, safety or public amenity.' 'Whether the statutory notice requirements for a utility order were satisfied.' "Whether it was fair and reasonable to order the Respondent to pay the Applicant's costs."]

Ratio Decidendi

The evidence established that the premises continued to be used as a boarding house in contravention of the s 121B order, that the use created a significant fire and life safety risk, and that the required notice had been given to the utility providers, the owner and occupiers. Because the Respondent had not complied with the order over a lengthy period and there was no basis to be confident he would cease the unlawful use without coercive relief, a utility order was justified. The Respondent's non-compliance and unreasonable conduct made it fair and reasonable that he pay the Applicant's costs.

Court Disposition

Utility order granted; Respondent ordered to pay the Applicant's costs as agreed or assessed.

Orders

  • ['Pursuant to s 121ZS of the Environmental Planning and Assessment Act 1979 Sydney Water and Endeavour Energy must cease to provide water and electricity services to 36 Francis Street, Wentworthville for a period of three months from 14 days from the date of this order.' 'Service of this order on Sydney Water and...