Blacktown City Council v Irani [2003] NSWLEC 440

> Land and Environment Court of New South Wales

CITATION : Blacktown City Council v Irani [2003] NSWLEC 440 APPLICANT: Blacktown City Council PARTIES : RESPONDENT: J K Irani FILE NUMBER(S) : 40857 of 2002 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- Unlawfully established dwelling-house in rural zone-Remedy by way of declaration and mandatory injunction-stayed to afford opportunity for position to have regularised. LEGISLATION CITED: CASES CITED: Blacktown City Council v Café unreported 28 November 1997; Strathfield Council v Poynting (2001) 116 LGERA 319 DATES OF HEARING: 28/07/2003 EX TEMPORE JUDGMENT DATE : 07/28/2003

APPLICANT: T O'Connor, Solicitor SOLICITORS Houston Dearn O'Connor LEGAL REPRESENTATIVES: RESPONDENT: In person SOLICITORS N/A

JUDGMENT: - 1 - THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

28 July 2003

40857 of 2002 BLACKTOWN CITY COUNCIL v JAL KHODAMURAD IRANI

JUDGMENT CORAM: HIS HONOUR 1 By a class 4 application filed on 4 November 2002 the Council seeks an order from the Court that the Respondent, Mr Irani, within 30 days of the date of Order to demolish and remove from premises known as lots 77 to 80 York Road, Riverstone, a dwelling situated upon the said premises. 2 Mr Irani has appeared for himself today in defence of the proceedings although in truth no defence was tendered but instead Mr Irani put matters to the Court which pertain to the appropriateness of any relief that might be claimed against him and in particular to the question of the timing of the relief. Those matters will become clearer as I develop these reasons for judgment.