Burwood Council v Korana and Ors [2001] NSWLEC 105

Land and Environment Court of New South Wales

CITATION : Burwood Council v Korana and Ors [2001] NSWLEC 105 revised - 24/10/2003 APPLICANT: Burwood Council PARTIES : RESPONDENTS: Korana and Ors FILE NUMBER(S) : 40081 of 2000 CORAM: Bignold J KEY ISSUES: :- Unlawful development - whether relief obtainable against owner of land in addition to use -costs of proceedings where final hearing not required. LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Rules of Court, Pt 15 r 7 CASES CITED: DATES OF HEARING: 12 April 2001 EX TEMPORE JUDGMENT DATE : 04/12/2001

APPLICANT: Ms L Finn, Solicitor SOLICITORS Abbott Tout

1ST RESPONDENT: Mr Korana in person LEGAL REPRESENTATIVES: SOLICITORS N/A 2ND - 4TH RESPONDENTS: No Appearance 5TH RESPONDENT: Mr G Russo, Solicitor SOLICITORS Russo & Company

JUDGMENT:

IN THE LAND AND Matter No. 40081 of 2000 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 12 April 2001

BURWOOD COUNCIL

Applicant

v

YASAR KORANA

First Respondent

PILEENA PTY LTD

Second Respondent

MAROUN YAZBEK

Third Respondent

DAVID MICHAEL JURY

Fourth Respondent

GUISEPPE RUSSO AND VENERA RUSSO

Fifth Respondents

JUDGMENT

Bignold J:

1. On 26 May 2000 the Burwood Council commenced class 4 proceedings against five Respondents claiming declaratory relief that the Respondents were using, suffering or permitting to be used premises known as No. 184 Liverpool Road, Enfield for the purposes of a mobile food van without the consent of the Council having been obtained and in breach of the provisions of the Environmental Planning and Assessment Act 1979 (the EP&A Act).