Auburn Council v Czopak [2005] NSWLEC 357

Land and Environment Court of New South Wales

CITATION : Auburn Council v Czopak [2005] NSWLEC 357

APPLICANT: Auburn Council PARTIES : RESPONDENT: Mr Mychaljo Czopak

FILE NUMBER(S) : 40472 of 2005

CORAM: Pain J

KEY ISSUES: Injunctions and Declarations :- whether the Court should make orders for evacuation and demolition of significantly dilapidated dwelling

LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 121D

DATES OF HEARING: 08/06/2005 17/06/2005 EX TEMPORE JUDGMENT DATE : 06/17/2005

APPLICANT: Mr P Tomasetti (barrister) SOLICITORS: Matthews Folbigg LEGAL REPRESENTATIVES: RESPONDENT: Mr M Parasyn (solicitor) SOLICITORS: Michael Parasyn

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

17 June 2005

40472 of 2005 Auburn Council v Mychaljo Czopak

EX TEMPORE JUDGMENT 1 HER HONOUR: These are Class 4 proceedings brought by Auburn Council ("the Council") seeking numerous declarations and orders in relation to a dwelling located at 11 New Street, Lidcombe ("the site") owned by the Respondent, Mr Mychaljo Czopak.

2 In the Class 4 Application dated 18 May 2005 the Council sought the following orders and declarations: 1. A declaration that the Respondent has not complied with the terms of an Emergency Order No. 7 pursuant to s 121D of the Environmental Planning and Assessment Act 1979 dated 15 April 2005 within the specified period of compliance; 2. A declaration that the Respondent has not complied with the terms of an Emergency Order No. 8 pursuant to s 121D of the Environmental Planning and Assessment Act 1979 dated 15 April 2005 within the specified period of compliance; 3. A declaration that the Respondent has not complied with the terms of an Emergency Order No. 10 pursuant to s 121D of the Environmental Planning and Assessment Act 1979 dated 21 April 2005 within the specified period of compliance; 4. An order that the Respondent be restrained from using the dwelling house and any ancillary outbuildings erected on the premises Lot 14, DP 39372 (No.11) New Street, Lidcombe for residential purposes or any other purposes within such time allowed by the Court; 5. An order that the Respondent evacuate the dwelling house and any other ancillary outbuildings erected on the premises Lot 14, DP 372 (No.11) New Street, Lidcombe within such time allowed by the Court; 6. An order that the Applicant enter the premises Lot 14, DP 39372 (No.11) New Street, Lidcombe and do all such tings as are necessary or convenient to give effect to the terms of Emergency Order No. 2 pursuant to s 121D of the Environmental Planning and Assessment Act 1979 given by the Applicant to the Respondent on 15 April 2005 to demolish the dwelling house and all other ancillary outbuildings erected on the premises within such time allowed by the Court; 7. An order that the Respondent pay any expense incurred by the Applicant in satisfaction of compliance with order (6); 8. An order that the Respondent pay the Applicant's costs of, and incidental to, these proceedings; and/or 9. Any other order or orders the Court deems fit and appropriate to make.