The owner of a waterfront behemoth allegedly used as a ‘secret hostel’ has failed in a bid to delay rectification work and been ordered to cover the cost of Sunshine Coast Council’s investigation into the controversial property.
Earlier this year, sunshinecoastnews.com.au revealed the owner of a 17-bedroom, 17-bathroom mansion at 9 Fortitude Pace, Birtinya, had been slapped with a range of enforcement orders.
These included removal of extra kitchens and separate water and power metering installed in each bedroom, as well as replacement of internal doors fitted with keyed locks.
The court action against owner Michael Gavin was launched by Sunshine Coast Council after neighbours complained about the number of people coming and going from the gargantuan home.
In December, Planning and Environment Court Judge Glen Cash QC found Mr Gavin had contravened regulations and restrained him from using the residence for anything other than a “dwelling house’’.
As well as barring the owner from “letting or advertising for lease individual rooms, apartments or levels”, he ordered a number of rectifications.
On January 14, the respondents filed a notice of their intention to appeal Judge Cash’s decision.
They also sought a stay of any orders requiring changes to the building until finalisation of proceedings in the Court of Appeal.
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On Friday, February 12, Judge Cash agreed to allow Mr Gavin 45 days instead of the original timetable of 30 to complete the work, citing the current difficulty in securing qualified tradespeople.
However, he ruled against putting rectifications on hold.
“The power to grant a stay should not be exercised merely because immediate compliance with orders of the court is inconvenient for the party which has been unsuccessful in the litigation,’’ Judge Cash said.
“On the material before me, I do not think the proceedings in the Court of Appeal have promising prospects.
“In the circumstances and having regard to the important principle that a judgement given after trial should not be treated as merely provisional, I decline to stay the orders that would require the respondents to carry out building works.”
Judge Cash also ordered that within 30 days the respondents pay Sunshine Coast Council’s investigation costs of $21,666.51 and costs of the court proceedings “on the standard basis’’. While this amount was not detailed, sunshinecoastnews.com.au understands it can be as much as $10,000 a day.
