Ryde City Council v Chen [2012] NSWLEC 63

Ryde City Council v Chen [2012] NSWLEC 63

The respondents breached the Act and local planning scheme by using and permitting use of the premises as a brothel and sex services premises, and failed to comply with brothel closure orders; declarations and injunctions are appropriate remedies, and utilities order determination is deferred to allow re-entry efforts.

Parties
Applicant: Ryde City Council; First Respondent: Mr Jia Chen; Second Respondent: Ms Hyun Kim
Jurisdiction
Australia
Judgment Date
22 February 2012
Procedural Posture
Civil Enforcement and Utilities Order / Final Orders (with Adjournment for Further Hearing for Utilities Order)
Outcome
Declarations of breach granted; prohibitory injunctions granted; utilities order deferred; further hearing adjourned; second respondent directed to file affidavit on actions taken.
Legal Topics
Prohibited Development, Sex Services Premises, Brothel Closure Order, Civil Enforcement, Injunction, Utilities Order
Planning and Environmental Law Prohibited Development Sex Services Premises Brothel Closure Order Civil Enforcement Injunction Utilities Order

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Parties

Ryde City Council

Applicant

Mr Jia Chen

First Respondent

Ms Hyun Kim

Second Respondent

Procedural Posture

Civil Enforcement and Utilities Order / Final Orders (with Adjournment for Further Hearing for Utilities Order)

Legal Issues

  1. 1 Whether premises were unlawfully used as a brothel or sex services premises
  2. 2 Whether breach of s 76B of Environmental Planning and Assessment Act 1979 occurred
  3. 3 Whether respondents failed to comply with brothel closure orders

Ratio Decidendi

The respondents breached the Act and local planning scheme by using and permitting use of the premises as a brothel and sex services premises, and failed to comply with brothel closure orders; declarations and injunctions are appropriate remedies, and utilities order determination is deferred to allow re-entry efforts.

Court Disposition

Declarations of breach granted; prohibitory injunctions granted; utilities order deferred; further hearing adjourned; second respondent directed to file affidavit on actions taken.

Orders

  • Declaration that first respondent breached s 76B of Environmental Planning and Assessment Act 1979 by carrying out prohibited development for sex services premises.
  • Declaration that first and second respondents breached the Act by failing to comply with s 121B brothel closure orders issued 4 May 2011.