Botany Municipal Council v Tsolakis & Ors [1988] NSWLEC 148

Land and Environment Court of New South Wales

CITATION : Botany Municipal Council v Tsolakis & Ors [1988] NSWLEC 148 FIRST RESPONDENTS Fotios Tsolakis and Theoni Tsolakis

PARTIES : SECOND RESPONDENT Elias Taouk t/as E. & R. Trading

THIRD RESPONDENT Elias Romanous t/as Eastside Health Studio FILE NUMBER(S) : 40051 of 1988 CORAM: Holland J KEY ISSUES: :- Environment Planning And Assessmenr Act (1979) LEGISLATION CITED: Summary Offences Act (1988) Prostitution Act (1979) Land And Environment Act (1979) CASES CITED: Samuels v Bosch (1972) DATES OF HEARING: DATE OF JUDGMENT: 11/30/1988

LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant, Botany Municipal Council, made on 24 March 1988 a Class IV application, which it amended on 6 May 1988, for injunction to restrain the respondents from using or causing or permitting the use of certain premises as:-

(a) a brothel, or

(b) a health studio, or

(c) a place for the entertainment of male or female persons, or

(d) an escort agency.

The subject premises are known as 1397A Botany Road, Botany, and consist of the first floor of a building which has stairway access from Botany Road at the front entrance and a laneway at the rear entrance.

The first respondents are named as Fotios Tsolakis and Theoni Tsolakis. They are alleged to be the owners of the subject premises, which they admitted; but they denied using or allowing the premises to be used for any of the above purposes. On the second day of the case their counsel withdrew after informing the Court that his clients submitted to such order as the Court saw fit to make except as to costs.