Karmel & Co Pty Ltd v Leichhardt Municipal Council (No 3) [2015] NSWLEC 26

Karmel & Co Pty Ltd v Leichhardt Municipal Council (No 3) [2015] NSWLEC 26

The Court permitted a limited extension of time for occupation of the rear of the first floor, subject to strict conditions regarding agreement on fire safety upgrade strategy between the parties' experts, and limited further occupation rights for the barber shop, but denied further occupation of the remainder of the ground floor, as not supported by the expert evidence.

Parties
Applicant: Karmel & Co Pty Ltd; Respondent: Leichhardt Municipal Council
Jurisdiction
Australia
Judgment Date
20 February 2015
Procedural Posture
Class 1 / Urgent Contested Motion to Vary Previous Compliance Orders
Outcome
Variation of previous orders to extend time for limited parts of the premises; partial continued occupation allowed subject to conditions; other orders vacated as set out in [20].
Legal Topics
Extension of Time for Compliance With Orders, Fire Safety Upgrade, Partial Occupancy and Building Certification
Planning and Environment Law Extension of Time for Compliance With Orders Fire Safety Upgrade Partial Occupancy and Building Certification

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Parties

Karmel & Co Pty Ltd

Applicant

Leichhardt Municipal Council

Respondent

Procedural Posture

Class 1 / Urgent Contested Motion to Vary Previous Compliance Orders

Legal Issues

  1. 1 Whether time for compliance with previous court orders relating to fire safety works should be further extended
  2. 2 Whether the applicant should be permitted continued occupation of portions of the premises pending works

Ratio Decidendi

The Court permitted a limited extension of time for occupation of the rear of the first floor, subject to strict conditions regarding agreement on fire safety upgrade strategy between the parties' experts, and limited further occupation rights for the barber shop, but denied further occupation of the remainder of the ground floor, as not supported by the expert evidence.

Court Disposition

Variation of previous orders to extend time for limited parts of the premises; partial continued occupation allowed subject to conditions; other orders vacated as set out in [20].

Orders

  • Order 2 made on 6 February 2015 is varied by deleting reference to 'the rear of the first floor'.
  • The rear of the first floor of the premises may continue to be occupied until and including 10am on 25 February 2015, and thereafter provided that the number of occupants does not exceed 28 and the ground floor of the rear of the premises is not used for accommodation: until and including 5 March 2015, provided that...