Khoury v Holroyd City Council [2013] NSWLEC 1236

Land and Environment Court New South Wales

Medium Neutral Citation: Khoury v Holroyd City Council [2013] NSWLEC 1236 Hearing dates: 21 November 2013 Decision date: 11 December 2013 Jurisdiction: Class 1 Before: Fakes C Decision: 1. Mr Robert Khoury, owner of premises on Lot 24 DP 26984 known as 36 Frances Street, South Wentworthville, NSW is to cease the use of those premises as an unauthorised boarding house within 60 days of the service of a sealed copy of this order on the applicant. 2. The exhibits, except 1, are returned. Catchwords: Section 121B Order; use of premises as an unauthorised boarding house; substantial non-compliance with aspects of the BCA; safety of residents Legislation Cited: Boarding Houses Act 2012 Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Holroyd Local Environmental Plan 1991 Holroyd Local Environmental Plan 2013 Land and Environment Court Act 1979 Standard Instrument (Local Environmental Plans) Order 2006 State Environmental Policy (Affordable Rental Housing) 2009 Cases Cited: Holroyd City Council v Khoury (No 3) [2011] NSWLEC 210 Category: Principal judgment Parties: Mr Robert Khoury (Applicant) Holroyd City Council (Respondent) Representation: Applicant: Mr R Khoury (Litigant in person) Respondent: Mr M Wright (Barrister) Solicitors Respondent: Matthews Folbigg Pty Ltd File Number(s): 10472 of 2013