Marrickville Council v Mytka & Ors [2013] NSWLEC 7

Marrickville Council v Mytka & Ors [2013] NSWLEC 7

Because the first three respondents had not filed evidence, had not appeared after the interlocutory orders, had not exercised liberty to apply, and the fourth respondent made no objection, the Court made further restraining orders against residential use by the first and third respondents and entertainment and residential use by the fourth respondent, while the existing entertainment-use restraint against the first three respondents stood.

Jurisdiction
Australia
Judgment Date
05 February 2013
Procedural Posture
Civil Enforcement Proceedings / Final Hearing, Proceeding Ex Parte
Outcome
Further restraining orders made; existing interim order restraining entertainment use by the first three respondents stands; orders 1, 2 and 3 stayed until 5 March 2013.
Legal Topics
['use of Premises Without Consent' 'entertainment Venue Use' 'residential Use of Warehouse Premises' 'restraining Orders' 'ex Parte Hearing']
['planning and Environment Law' 'civil Enforcement'] ['use of Premises Without Consent' 'entertainment Venue Use' 'residential Use of Warehouse Premises' 'restraining Orders' 'ex Parte Hearing']

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Procedural Posture

Civil Enforcement Proceedings / Final Hearing, Proceeding Ex Parte

Legal Issues

  1. 1 ['Whether respondents should be restrained from using, causing or permitting the use of 12 Chalder Street, Marrickville for entertainment purposes without consent.' 'Whether the first and third respondents should be restrained from using, causing or permitting the use of the premises as a dwelling house or dwelling.' 'Whether the Court should proceed ex parte in the absence of the respondents.']

Ratio Decidendi

Because the first three respondents had not filed evidence, had not appeared after the interlocutory orders, had not exercised liberty to apply, and the fourth respondent made no objection, the Court made further restraining orders against residential use by the first and third respondents and entertainment and residential use by the fourth respondent, while the existing entertainment-use restraint against the first three respondents stood.

Court Disposition

Further restraining orders made; existing interim order restraining entertainment use by the first three respondents stands; orders 1, 2 and 3 stayed until 5 March 2013.

Orders

  • ['The First Respondent, by himself, his servants and agents, is restrained from using, causing or permitting the use of the whole or any part of the premises at 12 Chalder Street, Marrickville, for the purpose of a dwelling house or a dwelling.' 'The Third Respondent, by herself, her servants and agents, is...