Court to rule on house row
THE future of a notorious graffiti-covered house in Geelong West is set to be decided in court.
Labelled an “eyesore” by one neighbour earlier this year, the dilapidated cottage on Elizabeth St has long raised the ire of locals who have pressured Geelong council to step in.
Now the occupier of the house has launched legal action at the Supreme Court in a bid to prevent the council from intervening with the property.
It comes after the City of Greater Geelong issued Ermanno Giurina with an emergency order in August that involved the installation of temporary cyclone fencing around the property and ancillary works.
The order also required Mr Giurina to allow a municipal building surveyor to inspect the property.
But Mr Giurina, who is executor of the deceased owner’s estate, has labelled council’s actions unlawful and claims it did not have the authority to issue the order.
He initially took his fight to the Building Appeals Board last month but, unhappy with its decision to affirm the order, has since launched proceedings against both the council and the board.
Mr Giurina is seeking a judicial review in the Supreme Court that he hopes will result in the emergency order being cancelled.
In an affidavit seen by the Geelong Advertiser, Mr Giurina claims the council was not authorised to issue the order, therefore making it invalid.
He has also argued that the Building Appeals Board “erred in law” by affirming the order.
A one-day trial has been scheduled in October, 2020, to determine the matter, with Mr Giurina applying for an injunction to prevent the council from enforcing the order until the case is resolved.
In his affidavit, Mr Giurina said he believed the emergency order (EO) allowed council officers to enter the house, which he argued would constitute a “breach of the fundamental right to privacy”.
“It has always been my belief at all relevant times that this matter is urgent because, as the EO is still in place, the (council) can enter the property at any time without my presence or consent and without the need of a warrant,” Mr Giurina said.
A responding affidavit from municipal building surveyor Michael Nigido has labelled the attempt to restrain council as “inappropriate”.