Tavitian v City of Playford

The Supreme Court of South Australia, constituted by Kourakis CJ, Blue and Stanley JJ, considered an appeal by Mr Tavitian against an order made by a judge concerning the use of land at Shaftesbury Road. The dispute centred on the nature of the items present on the land and whether their presence constituted a lawful residential use or an unlawful use as a scrap yard, leading to an order for the removal of certain items.

The primary legal issue before the Full Court was whether the existing order for the removal of items from the Shaftesbury Road land was appropriate, or if an alternative form of order could be fashioned. This involved determining how to distinguish between items incidental to a residential use and those associated with a scrap yard, particularly given the complexity and variety of materials on the property. The Court also had to consider the practicalities of enforcing any removal order and the potential for a more cooperative approach between the parties.

The Court reasoned that the sheer volume and variety of items on the land made it difficult to create a definitive list of prohibited items without further input. Consequently, the Court offered the parties an opportunity to cooperate in defining specific items that Mr Tavitian wished to retain, provided that these items, in combination, could be considered incidental to a residential use of the property. If such an agreement could be reached, the removal order would be varied to reflect these specific exemptions. However, the Court indicated that if this cooperative process failed, the original form of the removal order, as crafted by the judge, would likely stand. The appeal was otherwise dismissed, with the Court to hear submissions on costs.