This article is from the Australian Property Journal archive
DEVELOPERS who illegally demolished a 19th century inner Melbourne pub have been found guilty of contempt of court after failing to clear the site.
The company, 160 Leicester Pty Ltd, and its directors Raman Shaqiri and Stefce Ketlsovski were found guilty of failing to comply with a Victorian Civil and Administrative Tribunal order from May of 2019 that required them to clear the Carlton property that had been home to the Corkman Irish Pub.
Built in 1857, the pub was demolished in October of 2016 and the corner site left littered with the rubble and debris, which included asbestos. Despite the pub being subject to heritage overlays and with no permits in place, the developers took down most of the historic venue over a Saturday and ignored a City of Melbourne stop-work order to return the next day and complete the demolition.
Just over one year ago, Shaqiri and Kutlesovski had their fines of almost $2 million for knocking down the pub reduced to $1.1 million by the County Court, which ruled the initial fines to be excessive and ignoring of important sentencing factors.
Last week’s decision was the result of legal action brought by Melbourne City Council and the Victorian government. A penalty will be decided at a future hearing.
President of the tribunal, Justice Michelle Quigley, found that their inaction and non-compliance with the terms of the order was considered, wilful and deliberate.
Justice Quigley concluded the respondents chose only to take steps that they wished to take and no more.
“The owners of the Corkman site showed callous disregard for our city’s history by knocking down a heritage pub in the middle of the night,” Melbourne’s Lord Mayor Sally Capp said.
“They continue to do the wrong thing and we won’t tolerate it.”
State Planning Minister, Richard Wynne said the “ruling sends a clear message these developers can’t and won’t get away with unlawful and blatant disregard for our city’s heritage”.
“We’ll be continuing to pursue them until they take responsibility and make good on their agreement to turn the site into a temporary park.”
The City of Melbourne will seek to recover the full legal costs from the owners.
