Holroyd City Council v Khoury

Land and Environment Court New South Wales Medium Neutral Citation: Holroyd City Council v Khoury [2016] NSWLEC 18 Hearing dates:10 March 2016Date of orders: 10 March 2016 Decision date: 10 March 2016 Jurisdiction:Class 1Before: Pain J Decision: (1) Pursuant to s 121ZS of the Environmental Planning and Assessment Act 1979 Sydney Water and Endeavour Energy must cease to provide water and electricity services to 36 Francis Street, Wentworthville for a period of three months from 14 days from the date of this order. (2) Service of this order on Sydney Water and Endeavour Energy shall be effected by sending a copy of this order by email and registered post. (3) The Respondent must pay the Applicants costs as agreed or assessed. (4) Exhibits may be returned. Catchwords: ORDER – utility order made under s 121ZS of the Environmental Planning and Assessment Act 1979 Legislation Cited: Environmental Planning and Assessment Act 1979 ss 121B, 121ZS Environmental Planning and Assessment Regulation 2000, cl 285 Holroyd Local Environmental Plan 2013, Dictionary Land and Environment Court Act 1979, s 17(d) Land and Environment Court Rules 2007, r 3.7 Uniform Civil Procedure Rules 2005, r 10.14 Cases Cited: Holroyd City Council v Khoury [2015] NSWLEC 17 Khoury v Holroyd City Council [2013] NSWLEC 1236 Category:Principal judgmentParties: Holroyd City Council (Applicant) Robert Khoury (Respondent) Representation: COUNSEL: M Fozzard (Applicant) N/A (Respondent)   SOLICITORS: Bilias and Associates (Applicant) N/A (Respondent) File Number(s):11249 of 2015EX Tempore Judgment The Applicant (“Council”) brings an application for a utility order pursuant to...