Sydney City Council -v- Zizza & Ors [1999] NSWLEC 77

Land and Environment Court of New South Wales CITATION: Sydney City Council -v- Zizza & Ors [1999] NSWLEC 77

PARTIES APPLICANT: Sydney City Council

RESPONDENT: Zizza & Ors

NUMBER: 40128 of 1998

CORAM: Lloyd J

KEY ISSUES: :- Costs -breach of Act committed by lessee - whether lessor liable for costs

LEGISLATION CITED: Costs -breach of Act committed by lessee - whether lessor liable for costs

DATES OF HEARING: 03/25/1999

DATE OF JUDGMENT DELIVERY: 04/08/1999

APPLICANT: R McCulloch (s) Solicitors: Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENT: J J Webster Solicitors: Russell C Byrnes

JUDGMENT: IN THE LAND AND Matter No: 40128 of 1998 ENVIRONMENT COURT Coram: Lloyd J OF NEW SOUTH WALES Decision date: 08/04/99

SYDNEY CITY COUNCIL Applicant

v

ZIZZA & ORS Respondent

JUDGMENT

HIS HONOUR:

1. The first respondent, Mr A S Zizza, is the owner of 199 and 201 Bourke Street, Darlinghurst within the City of Sydney. The first respondent consents to orders restraining him from using or permitting the use of those premises for a commercial use without obtaining development consent therefor beforehand in accordance with the provisions of the Environmental Planning & Assessment Act 1979 and restraining him from using those premises for the purpose of prostitution without obtaining such consent beforehand. The first respondent had earlier, on 28 October 1998, consented to interlocutory injunctions against him in similar terms. On that occasion interlocutory injunctions were also obtained against the third respondent, Diane Peters, who was the lessee of the premises.