P&E Court Shuts Down Illegal Sunshine Coast Apartments

The Sunshine Coast Regional Council successfully sought orders in this case that require property owners to remove kitchens, plumbing, and various fixtures from a three-story building that was being illegally used as an 'accommodation house'.

Although the building had been approved as a 'dwelling house' that might typically house a family, its owners advertised and leased out the self-contained rooms as apartments. District Court Judge Cash QC therefore made orders "directed towards alterations to the building intended to make it less attractive for use as an accommodation building". The owners were required to remove kitchens, doors, electricity meters, plumbing, water meters, locks and laundry sinks. Those works had to be completed within 45 days.

The Court ordered the owners to pay the Council's investigation costs of $21,666 and also its legal costs. The decision includes an interesting analysis of the principles that guide the award of costs in this jurisdiction, including the circumstances in which the costs of two barristers will be allowed.

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