Burwood Council v Dixon and Anor. [2002] NSWLEC 109

Land and Environment Court of New South Wales

CITATION : Burwood Council v Dixon and Anor. [2002] NSWLEC 109 APPLICANT: Burwood Council PARTIES : RESPONDENTS: Dixon and Anor. FILE NUMBER(S) : 40131 of 2002 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- stay application of civil enforcement proceedings pending determination of pending s 56A appeal in respect of related class 1 proceedings. LEGISLATION CITED: Land and Environment Court Practice Direction Par 8 CASES CITED: DATES OF HEARING: 4 - 11 February 2002 EX TEMPORE JUDGMENT DATE : 03/28/2002

APPLICANT: Mr A M Pickles, Barrister SOLICITORS Abott Tout LEGAL REPRESENTATIVES: RESPONDENTS Mr A J J Thompson, Barrister SOLICITORS Russo & Co

JUDGMENT:

IN THE LAND AND Matter No. 40131 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 28 March 2002

BURWOOD COUNCIL

Applicant

v

T. DIXON

First Respondent

T. A. DOONG

Second Respondent

JUDGMENT

Bignold J: A. INTRODUCTION

1. The Court has before it two competing Motions which, by consent, have been heard one after the other with evidence in the one tendered afresh in the other.

2. The first Motion is a Motion brought by the Respondents in class 4 proceedings in which the Council claims a permanent injunction to restrain the use of the premises as a brothel without consent of the Council.

3. The Motion seeks a stay upon the basis of a pending s 56A appeal brought in proceedings 10657of 2001 which involved an appeal to this Court pursuant to s 97 of the Environmental Planning and Assessment Act 1979 against the decision of the Council not to grant development consent to the establishment of a brothel at premises known as No 4 Burleigh Street, Burwood.