Ryde City Council v Chen [2012] NSWLEC 63

Land and Environment Court New South Wales

Medium Neutral Citation: Ryde City Council v Chen [2012] NSWLEC 63 Hearing dates: 22 February 2012 Decision date: 22 February 2012 Jurisdiction: Class 1 Before: Preston CJ Decision: Orders as set out at [99] Catchwords: CIVIL ENFORCEMENT - carrying out prohibited development for the purposes of sex services premises - breach of s 76B of the Environmental Planning and Assessment Act 1979 by lessee of premises - brothel closure orders issued to lessee and lessor of premises - failure to comply by both lessee and lessor - breaches of statute established - injunction restraining lessee from using, and lessor from permitting the use of, premises as a brothel or sex services premises - deferral of utilities order while lessor evicts lessee Legislation Cited: Environmental Planning and Assessment Act 1979 ss 4, 76B, 121B, 121M, 121ZQ, 121ZR, 121ZS, 122, 123, 125 Restricted Premises Act 1943 s 2 Uniform Civil Procedure Rules 2005 Pt 29 r 29.7 Cases Cited: Director-General, Department of Environment, Climate Change and Water v Venn [2011] NSWLEC 118 Meriton Apartments Pty Ltd v Sydney Water Corporation [2004] NSWLEC 699; (2004) 138 LGERA 383 Category: Principal judgment Parties: Ryde City Council (Applicant) Mr Jia Chen (First Respondent) Ms Hyun Kim (Second Respondent) Representation: Mr T G Howard (Barrister) (Applicant) No appearance for First Respondent Mr H N Simons (Solicitor) (Second Respondent) Planning Law Solutions Pty Ltd (Applicant) No appearance for First Respondent Remington & Co (Second Respondent) File Number(s): 10729 of 2011 and 40728 of 2011