Bankstown City Council v Le [2003] NSWLEC 362

> Reported Decision : 133 LGERA 155

Land and Environment Court of New South Wales

CITATION : Bankstown City Council v Le [2003] NSWLEC 362 APPLICANT: Bankstown City Council PARTIES : RESPONDENT: Le FILE NUMBER(S) : 40346 of 2003 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- whether premises being used unlawfully as a brothel-approved use of premises for therapeutic massage LEGISLATION CITED: Evidence Act 1995, s 135 or s 138 Restricted Premises Act 1943, s 17A Bedford v Bedford BC 9805427; Begley v SA Police (No 2) (unreported 24 October 1996); CASES CITED: Campbelltown City Council v Dunn (2003) NSWLEC 122; Klein v Bryant (1998) ACTSC 89; Polnibs Pty Ltd v Bankstown City Council (1997) NSWLEC 55; Ridgeway v the Queen (1995) 184 CLR 19 DATES OF HEARING: 13/08/2003, 15/10/2003 DATE OF JUDGMENT: 12/23/2003

APPLICANT: Ms P Glynn, Solicitor SOLICITORS Marsdens LEGAL REPRESENTATIVES: RESPONDENT: Mr W Hadley, Barrister SOLICITORS Star Carver and Co

JUDGMENT:

IN THE LAND AND Matter No. . 40346 of 2003 ENVIRONMENT COURT Coram: Bignold J OF NEW SOUTH WALES 23 December 2003

BANKSTOWN CITY COUNCIL

Applicant

v

HANH LE

Respondent

JUDGMENT

INTRODUCTION

1. By its class 4 application filed on 31 March 2003, the Applicant (the Council) seeks declaratory and injunctive relief in respect of the use by the Respondent of premises comprising the first floor or a building erected on lot 7 Deposited Plan 655411 and known as No 3 Padstow Parade, Padstow. The Council asserts that the premises are being used for the purposes of prostitution or a brothel contrary to the provisions of the Environmental Planning and Assessment Act 1979 (the EP&A Act).