Karmel & Co Pty Ltd v Leichhardt Municipal Council (No 2) [2015] NSWLEC 11

Karmel & Co Pty Ltd v Leichhardt Municipal Council (No 2) [2015] NSWLEC 11

Some limited further occupation was permitted for another 14 days of the ground floor and rear of the first floor, balanced against fire risk and based on strategy proposed by applicant's expert, with vacating of the first floor ordered and liberty to apply.

Source-derived case information.

Parties
Applicant: Karmel & Co Pty Ltd; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
06 February 2015
Procedural Posture
Appeal / Contested Urgent Motion for Extension of Time for Compliance With Consent Orders
Outcome
Extension of time for occupation of certain parts of premises granted on specified conditions, previous orders vacated.
Legal Topics
Extension of Time for Compliance, Fire Safety Orders, Consequential Orders
Planning and Environment Extension of Time for Compliance Fire Safety Orders Consequential Orders

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Parties

Karmel & Co Pty Ltd

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Appeal / Contested Urgent Motion for Extension of Time for Compliance With Consent Orders

Legal Issues

  1. 1 Whether an extension of time for compliance with consent orders for fire safety upgrade works should be granted
  2. 2 Whether the premises can continue to be occupied pending completion of the works

Ratio Decidendi

Some limited further occupation was permitted for another 14 days of the ground floor and rear of the first floor, balanced against fire risk and based on strategy proposed by applicant's expert, with vacating of the first floor ordered and liberty to apply.

Court Disposition

Extension of time for occupation of certain parts of premises granted on specified conditions, previous orders vacated.

Orders

  • The orders made on 30 December 2014 are vacated.
  • Pending the carrying out of the remainder of the works required by the consent orders of 16 December 2014, the ground floor and the rear of the first floor of the premises may continue to be occupied until and including 22 February 2015 and thereafter only with the prior written consent of the Council or order of...