Auburn Council v Czopak [No 2] [2005] NSWLEC 372

Land and Environment Court of New South Wales

CITATION : Auburn Council v Czopak [No 2] [2005] NSWLEC 372

APPLICANT: Auburn Council PARTIES : RESPONDENT: Mr Mychajlo Czopak

FILE NUMBER(S) : 40472 of 2005

CORAM: Pain J

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

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

CASES CITED: Auburn Council v Czopak [2005] NSWLEC 357

DATES OF HEARING: 21/06/2005 EX TEMPORE JUDGMENT DATE : 06/21/2005

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

21 June 2005

40472 of 2005 Auburn Council v Mychajlo Czopak [No 2]

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 Mychajlo Czopak.

2 On 17 June 2005 I delivered an ex tempore judgment in Auburn Council v Czopak [2005] NSWLEC 357 and made a finding at [12] – [14] that the dwelling located on the site posed a considerable safety risk to the Respondent, his adjoining neighbours and members of the public. I also found that emergency orders made by the Council in relation to the dwelling were appropriately issued and made the declarations sought in prayers 1, 2 and 3 of the Class 4 Application. I also made the orders sought in prayers 4 and 5 of the Class 4 Application that the Respondent be restrained from using the dwelling house and any ancillary outbuildings erected on the premises after 24 June 2005 and that the Respondent evacuate the dwelling house and any other ancillary outbuildings erected on the premises on or before 24 June 2005.