Fairfield City Council v. Taouk & Ors [1998] NSWLEC 147

Land and Environment Court of New South Wales

CITATION : Fairfield City Council v. Taouk & Ors [1998] NSWLEC 147 APPLICANT The Council of the City of Fairfield PARTIES : RESPONDENT Taoul & Anors FILE NUMBER(S) : 40309 of 1997 CORAM: Lloyd J KEY ISSUES: :- Environmental Planning and Assessment Act 1979, ss 76(3), 123, 124 LEGISLATION CITED: Disorderly Houses Act 1943, Pt 3 s 17 Interpretation Act 1987, s 34 Fairfield Local Environmental Plan 1994 (Amendment No 15) Warringah SC v Sedevcic (1987) 10 NSWLR 335 per Kirby P at 339; CASES CITED: Ashfield MC v Andrews (1986) 60 LGRA 249; Sydney City Council v Howard (Land and Environment Court, NSW, Stein J, 11 February 1986, unreported); Fairfield City Council v Grey (Land and Environment Court, NSW, Stein J, 28 October 1985, unreported) DATES OF HEARING: 11/06/98 DATE OF JUDGMENT: 06/24/1998

APPLICANT W P O'Rourke (Solr) Deacons Graham & James LEGAL REPRESENTATIVES: RESPONDENT J S van Aalst Valenti & Valenti

JUDGMENT: 1. The applicant seeks an injunction to restrain the respondents from using premises known as 113A Ware Street, Fairfield (Athe premises@) for the purpose of a brothel or for similar purposes. The first and second respondents are the directors and shareholders of the third respondent, Miz Pty Ltd. The third respondent is the lessee of the premises and is in turn carrying on business at the premises under the registered business name of Butterfly Escorts. The fourth respondent is the owner of the premises. The fourth respondent has entered a submitting appearance save as to costs. This proceeding is brought by the applicant pursuant to the Environmental Planning and Assessment Act 1979, s 123 for a breach of s 76(3) of that Act.