Land and Environment Court New South Wales Medium Neutral Citation: Council of the City of Sydney v Muljono [2014] NSWLEC 69 Hearing dates: 2 June 2014 Decision date: 02 June 2014 Jurisdiction: Class 4 Before: Biscoe J Decision: Orders as per [6]. Catchwords: Practice and procedure - substituted service Legislation Cited: Sydney Local Environmental Plan 2012 cll 5.10(2)-(3) Uniform Civil Procedure Rules 2005 rr 10.14(1)-(2) Category: Procedural and other rulings Parties: Council of the City of Sydney (Applicant) Maria-Goreti Suryani Muljono (First Respondent) Trisiana Muljono (Second Respondent) Anita Muljono (Third Respondent) Abdul Kasim Ismail (Fourth Respondent) Representation: COUNSEL: A Hawkes (Applicant) N/A (Respondents) SOLICITORS: Adrian Hawkes, Legal Department, Council of the City of Sydney File Number(s): 40363/14 EX TEMPORE Judgment 1These are Class 4 civil enforcement proceedings to be commenced today. The applicant, Council of the City of Sydney (Council), moves for an order for substituted service and for the summons to be made returnable later this week, at which time the Council intends to seek an interlocutory injunction to restrain building work allegedly being carried out by contractors on behalf of the respondents at premises they own at 25 Roslyn Street, Rushcutters Bay (premises), in contravention of cl 5.10(2) of the Sydney Local Environmental Plan 2012. 2The premises are listed as an item of local environmental heritage in that plan. Clause 5.10(2) requires development consent for certain work to a heritage item, subject to a qualification in cl 5.10(3) that the Council says is inapplicable in this case. The Council says that the required development consent has not been obtained. 3The evidence indicates that the four respondents are members of the same family. Rates notices in relation to the premises are sent to Sydney Links Real Estate, Shop 1, 115 Macleay Street, Potts Point. The second respondent, Trisiana Muljono, is the principal of that firm. The premises are vacant and the work is being undertaken by contractors. The second respondent has requested the Council to send all correspondence relating to the premises to the said business address. The Council has no details of the residential addresses of any of the respondents. 4According to the evidence of a Council officer, M D Karin, he issued a verbal stop work order to a person carrying out the building work, apparently under the direction of the second respondent, on Thursday, 13 February 2014. Later that day, he spoke to the second respondent and said that work must stop immediately and steps taken to legitimise the unauthorised work. On Tuesday, 18 February 2014, he met with the second respondent at the premises. The second respondent told him that the premises had been jointly purchased by her and members of her family and that she was in charge of development. He told her that a formal stop work order was being issued that day. She requested that it be sent to her at 1/115 Macleay Street, Potts Point (Sydney Links Real Estate). On the same day, he delivered a stop work order addressed to the second respondent to that address. The next day, he inspected the premises and observed new unauthorised building works. Further communications and correspondence followed with the second respondent or her architects, including a Notice of Intended Order dated 1 April 2014 addressed to the second respondent and copied to the other respondents. According to his evidence, inspections in May 2014 showed that the works were continuing notwithstanding a Penalty Notice issued to the second respondent dated 16 May 2014. 5In the circumstances, I am satisfied that it is appropriate to make an order for substituted service as sought by the Council and that the summons should be made returnable on Thursday, 5 June 2014 at 10.00 am, when any application for interlocutory relief by the Council may be heard. 6The orders of the Court are as follows: (1)An order that under rule 10.14(1) of the Uniform Civil Procedure Rules 2005 that the following steps may be taken for the purpose of bringing the Summons and the Points of Claim to the notice of the respondents: (i) Affixing a copy of the summons and the Points of Claim to the Respondents' premises at 25 Roslyn Street Rushcutters Bay in the State of New South Wales. (ii) Leaving a copy of the Summons and the Points of Claim at the offices of Sydney Links Real Estate at Shop 1, 115 Macleay Street, Potts Points NSW. (2)An order that under rule 10.14(2) the Respondents be taken to be served with the Summons and the points of Claim if the documents are served by the means of the steps in order 1. (3)That the time for service of the Summons be abridged to 5pm Monday, 2 June 2014 and the Summons be returnable and the matter be listed before this Court at 10am on 5 June 2014 for hearing of the claim for interlocutory relief. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated. Decision last updated: 03 June 2014