City of Sydney Council v Baskaya [2006] NSWLEC 585

Land and Environment Court of New South Wales

CITATION : City of Sydney Council v Baskaya [2006] NSWLEC 585

APPLICANT: City of Sydney Council PARTIES : RESPONDENTS: Halil Baskaya Nurettin Karatas

FILE NUMBER(S) : 40398 of 2006

CORAM: Biscoe J

KEY ISSUES: Costs :- Class 4 declaratory and injunctive proceedings concerning construction of a shop without obtaining a construction certificate – respondents satisfied applicant's claim only after proceedings were commenced – order for costs made in favour of applicant

LEGISLATION CITED: Land and Environment Court Rules 1996 Pt 15 r 7

DATES OF HEARING: 25/08/2006

EX TEMPORE JUDGMENT DATE : 08/25/2006

APPLICANT: Ms P Whitford, solicitor SOLICITORS Maddocks LEGAL REPRESENTATIVES: RESPONDENTS: N/A SOLICITORS JDK Legal

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

25 August 2006

40398 OF 2006

CITY OF SYDNEY COUNCIL v HALIL BASKAYA AND ANOR.

JUDGMENT HIS HONOUR: 1 These proceedings were commenced in May 2006 by the City of Sydney Council against two respondents. The substantive proceedings have been resolved and the only outstanding issue is that of costs.

2 In the substantive proceedings, a declaration was sought pursuant to s 124 of the Environmental Planning & Assessment Act 1979 (EPA Act) that the respondents were in breach of that Act by reason of the construction of a retail kebab shop in the entrance/exit lobby of 600-612 George Street, Sydney, for which a prior construction certificate was required, but had not been obtained. An injunction was also sought to restrain further use of the shop until such time as a construction certificate had been issued and the shop had been re-constructed in accordance with the construction certificate and other conditions. Further, a demolition order was sought if a construction certificate was not issued and the shop not reconstructed pursuant to certain orders.