Fix WA Pty Ltd v City of Armadale

In this case, Fix WA Pty Ltd, trading as Fix WA, was prosecuted by the City of Armadale for alleged breaches of its planning scheme. The corporation was charged with using a unit as two separate residences, contrary to the approved plans, and for using the unit in a manner not compliant with the Residential Design Code. The City of Armadale also charged a former director of the corporation with personal liability for the alleged breaches. The case was heard in the Magistrates Court of Western Australia.

The legal issues that arose before the court involved the interpretation of the approved plans and the Residential Design Code. The primary question was whether the use of the unit as two residences constituted a permanent change in use that required an amendment to the approval, or whether it was an acceptable short-term variation. Another issue was the extent to which a former director could be held personally liable for the corporation's breaches of the planning scheme. Additionally, the court needed to consider whether the fines imposed were appropriate given the nature of the alleged breaches.

The court found that the use of the unit as two residences was not permanent, as it was intended to be a temporary measure while the owner undertook renovations. Therefore, an amendment to the approval was not necessary. The court held that the former director was not personally liable for the corporation's breaches, as the charges were properly laid against the corporation alone. Finally, the court determined that the fines imposed were not excessive, given the seriousness of the breaches and the need to deter similar conduct in the future.

The court ordered Fix WA to pay fines for each charge, and also ordered that the former director's name be removed from the charges. The court did not alter the fines imposed, finding that they were appropriate given the circumstances of the case.