Australia, Aug. 4 -- New South Wales Land and Environment Court issued text of the following judgement on July 4:

1. By notice of motion dated 17 March 2025 Mrs Malass seeks orders extending the time to comply with court orders made on 4 April 2024 (the Orders) in relation to the unlawful development of a dwelling in Boden Avenue Strathfield (the property) owned by her. The Orders were made following lengthy civil enforcement proceedings commenced by Strathfield City Council (the Council) in August 2021. Judgment in the substantive proceedings Strathfield Municipal Council v Malass (No 4) [2024] NSWLEC 22 (Malass No 4) was delivered on 19 March 2024. Mrs Malass sought an order from the Court that her husband Mr Malass act as her agent throughout the civil enforcement proceedings. Declarations of unlawful use of the property and consequential orders were made on 4 April 2024.

2. Mrs Malass has commenced a Class 1 appeal following the refusal of a development application (DA2024.1) in relation to the property which is presently pending in the Court (2024/000385895).

3. The Orders included as follows:

5. The Court orders that the Respondent, her servants, tenants, agents, and any other person, occupying the Subject Property, are to vacate within ten (10) months from the date of these orders.

6. The Court orders that the Respondent by herself, her servants, tenants or agents are to demolish any building or part of a building that has been unlawfully erected and is non-compliant with the approved plans pursuant to Development Consent number DA2017/091 issued by Council on 22 November 2017 and Construction Certificate number 2018/144 issued by Accredited Certifier XX within twelve (12) months from the date of these orders.

4. Mrs Malass seeks alternative orders to orders 5 and 6 as follows:

a. Time for compliance with order 5 of the orders made on 4 April 2024 is extended to the date two (2) months after the final determination of proceedings 2024/000385895 such that the order reads:

"The Court orders that the Respondent, her servants, tenants, agents, and any other person, occupying the Subject Property, are to vacate within ten (10) months from the date of these orders two (2) months after the final determination of proceedings 2024/000385895".

b. Time for compliance with order 6 of the orders made on 4 April 2024 is extended to the date four (4) months after the final determination of proceedings 2024/000385895 such that the order reads:

"The Court orders that the Respondent by herself, her servants, tenants or agents are to demolish any building or part of a building that has been unlawfully erected and is non-compliant with the approved plans pursuant to Development Consent number DA2017/091 issued by Council on 22 November 2017 and Constructions Certificate number 2018/144 issued by Accredited Certifier XX within (12) months from the date of these orders four (4) months after the final determination of proceedings 2024/000385895."

5. Mrs Malass relies on rr 36.15 and alternatively rr 1.12 and 36.5 of the Uniform Civil Procedure Rules 2005 (NSW) (UCPR) as the basis for seeking the amended orders for extensions of time. These rules state:

1.12 Extension and abridgment of time

(1) Subject to these rules, the court may, by order, extend or abridge any time fixed by these rules or by any judgment or order of the court.

(2) The court may extend time under this rule, either before or after the time expires, and may do so after the time expires even if an application for extension is made after the time expires.

36.5 Time for compliance with judgments and orders

(1) If a judgment or order requires a person to do an act within a specified time, the court may, by order, require the person to do the act within another specified time.

(2) If a judgment or order requires a person-

(a) to do an act forthwith or forthwith on a specified event, or

(b) to do an act but does not specify a time within which he or she is required to do the act,

the court may, by order, require the person to do the act within a specified time.

36.15 General power to set aside judgment or order

(1) A judgment or order of the court in any proceedings may, on sufficient cause being shown, be set aside by order of the court if the judgment was given or entered, or the order was made, irregularly, illegally or against good faith. ...

*Rest of the document can be viewed at: (https://www.caselaw.nsw.gov.au/decision/197cdf7a08f17924cf1c8f85)

Disclaimer: Curated by HT Syndication.