Ku-ring-gai Council v Safwen Hijazi [2023] NSWLEC 102

Land and Environment Court New South Wales

Medium Neutral Citation: Ku-ring-gai Council v Safwen Hijazi [2023] NSWLEC 102 Hearing dates: 29 September 2023 Date of orders: 4 October 2023 Decision date: 04 October 2023 Jurisdiction: Class 4 Before: Moore J Decision: See declaration at [49] and orders at [50]. Catchwords: CIVIL ENFORCEMENT – on 31 March 2021, the Applicant serves a clean-up order on an owner of a property – clean-up order results from police notification that premises were used as a clandestine drug laboratory – owner of the property required to effect clean-up by 15 April 2021 – no appeal against the terms of the order – the owner has not carried out the mandated clean-up operation as required by the order – Class 4 civil enforcement proceedings commenced against the owner of the property (First Respondent) seeking court orders for compliance with the clean-up requirements – co-owner of the property joined as Second Respondent – relief sought by the Applicant amended to encompass both owners of the property – no appearance by either respondent at the hearing – Applicant proves service of Amended Summons, Court Book and Evidence Book on each respondent – evidence establishes proper basis for making original order against the First Respondent – evidence establishes that the clean-up order has not been complied with by the First Respondent – no clean-up order served on the Second Respondent – absence of clean-up order being served on the Second Respondent removes basis for making orders against the Second Respondent – failure to comply with the clean-up order by the First Respondent and the evidentiary basis founding that order (with the continuing failure to comply with it) provides a proper basis to make the declaration and orders sought by the Applicant against the First Respondent – declaration and orders made against the First Respondent – Amended Summons dismissed to the extent it sought orders against the Second Respondent COSTS – costs ordinarily follow the event in Class 4 proceedings – no valid basis upon which the Second Respondent was joined to the proceedings and orders sought against him – appropriate to exclude costs of joinder application and amendment to the summons from the costs order to be made against the First Respondent – no costs order to be made against Second Respondent – First Respondent ordered to pay the Applicant's costs (other than the costs associated with the application for joinder of the Second Respondent and the application to rely on the Amended Summons seeking orders including orders against the Second Respondent) as agreed or assessed Legislation Cited: Local Government Act 1993, s 124 Cases Cited: Ross v Lane Cove Council [2014] NSWCA 50 Category: Principal judgment Parties: Ku-ring-gai Council (Applicant) Safwen Hijazi (First Respondent) Bahjet Hijazi (Second Respondent) Representation: Counsel: Ms C Rose, solicitor (Applicant) No appearance (First Respondent) No appearance (Second Respondent)