Sydney City Council v Li [2011] NSWLEC 165

Land and Environment Court New South Wales

Medium Neutral Citation: Sydney City Council v Li [2011] NSWLEC 165 Hearing dates: 8 August, 22-24 August 2011 Decision date: 24 August 2011 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: 1. Declares that the respondents have failed to comply with the terms of an order dated 15 December 2009 given pursuant to s 121B of the Environmental Planning and Assessment Act 1979 (the s 121B order) relating to premises known as 193 Regent Street, Redfern, New South Wales and served on the respondents by the applicant by failing to complete the specified works (other than the works comprised in terms 1.02, 1.03, 2.01, 2.02 and 2.03 of the s 121B order) within the specified periods for compliance. 2. Orders the respondents to undertake and complete the works (other than the works comprised in terms 1.02, 1.03, 1.04, 1.05, 1.09, 2.01, 2.02, 2.03, 4.01, 4.02, 4.03, 4.04 and 5.01 of the s 121B order which have already been undertaken and in term 4.05 which is not required to be completed) specified in the s 121B order within sixteen weeks from the date of this Court order. 3. Grants the parties liberty to apply on five days notice for any further or other orders (including orders for revoking, varying, supplementing or replacing these orders in whole or part) upon sufficient cause being shown. 4. Orders the respondents to pay the applicant's costs of the proceedings in the sum of $8,935.00. Catchwords: CIVIL ENFORCEMENT - proceedings to enforce a fire safety order - owners in breach of statute by failing to comply with the Fire Safety Order - orders to remedy and restrain the breach - costs of the proceedings. Legislation Cited: Civil Procedure Act 2005, s 98(4)(c) Environmental Planning and Assessment Act 1979, s 121B, s 121H, s 121ZF, s 121ZH, s 121ZI, s 121ZK s 122, s 124(1) Land and Environment Court Act 1979, s 20 Category: Principal judgment Parties: Sydney City Council (Applicant) Mr Carlos Alberto Li and Mrs Yi Hong Chen Li (Respondents) Representation: Mr A Hawkes (Solicitor) (Applicant) Mr P Aspres (Agent) (Respondents) Sydney City Council, Legal Department (Applicant) File Number(s): 40312 of 2011