Blacktown City Council v Paciullo

Land and Environment Court

New South Wales

Medium Neutral Citation:

Blacktown City Council v Paciullo; Liang [2020] NSWLEC 75

Hearing dates:

8 May 2020, further written submissions 12 May 2020, 19 June 2020

Date of orders:

25 June 2020

Decision date:

25 June 2020

Jurisdiction:

Class 4

Before:

Pain J

Decision:

See [40] of judgment

Catchwords:

COSTS – class 4 civil enforcement proceedings – enforcement of brothel closure order – consent orders made in terms sought in summons – capitulation warranting costs order in council’s favour

Legislation Cited:

Civil Procedure Act 2005 (NSW) ss 3, 98

Uniform Civil Procedure Rules 2005 (NSW) r 42.1

Cases Cited:

Fifteenth Eestin Nominees Pty Ltd v Rosenberg (No 2) (2009) 24 VR 155; [2009] VSCA 178

Kiama Council v Grant (2006) LGERA 441; [2006] NSWLEC 96

Latoudis v Casey (1990) 170 CLR 534; [1990] HCA 59

Re Hudson; Ex parte Citicorp Australia Ltd (1986) 11 FCR 141

Ryde City Council v Chen (No 2) [2012] NSWLEC 64

Texts Cited:

Costs Guide NSW (Thomson Reuters, Online)

G E Dal Pont, Law of Costs (4th ed, 2018, LexisNexis Butterworths)

Category:

Costs

Parties:

Blacktown City Council (Applicant)
Paul Shane Paciullo (First Respondent)
Ni Liang (Second Respondent)

Representation:

COUNSEL:
S Shneider, solicitor (Applicant)
N/A (First Respondent)
N Liang in person (Second Respondent)

SOLICITORS:
Houston Dearn O'Connor (Applicant)
N/A (First Respondent)
N/A (Second Respondent)

File Number(s):

19/393344

Judgment

1. Blacktown City Council (the Council) commenced Class 4 civil enforcement proceedings seeking declarations of the illegal use of premises at 2/238 Prospect Highway Seven Hills (Premises) as a brothel inter alia. The proceedings were commenced on 13 December 2019 against two respondents. The First Respondent the owner of the Premises entered into consent orders on 21 February 2020 and agreed to pay costs of $4,000 within seven days of the orders.

2. The Second Respondent Ms Ni Liang, lessee of the Premises during 2019, also entered into consent orders on 6 March 2020 that:

1.   From the date of these [sic] Ni Liang (“the Second Respondent”) must not carry on any business in the Blacktown Local Government Area where the business involves or is otherwise associated with the use of any premises for the following:

i.   Providing sexual acts in exchange for payment;

ii.   Providing massage services (other than general remedial or therapeutic massage services) in exchange for payment;

iii   Providing adult entertainment involving nudity, indecent acts or sexual activity in exchange for payment or ancillary to other goods or services.

2.   Order 1 has no force or effect in respect of any premises that has the benefit of a development consent that is in force such that those premises may be lawfully used for the provision of sexual acts in exchange for payment; massage services (other than general remedial or therapeutic massage services) in exchange for payment; and/or, adult entertainment involving nudity, indecent acts or sexual activity in exchange for payment or ancillary to other goods or services.

3.   Costs are reserved. The matter to be fixed for hearing…