Key Events
- Two years ago, the NSW Land and Environment Court ordered Sarah Malass to vacate and demolish her unlawfully built mansion in Strathfield. The residence remains standing and occupied.
- Strathfield Council has now filed a contempt of court charge, seeking her imprisonment, a lump sum fine, and a daily fine for continued non-compliance. The prison sentence could be suspended if she complies within 28 days.
- Council also seeks court permission to carry out the demolition itself and bill Malass, with NSW police potentially present.
Background
The mansion, located on Boden Avenue, was built with unauthorised additions including a spa room, playroom, parking space, gym, cool room, and an unapproved third-storey basement.
"The court previously found that Malass failed to comply with original development consent, a construction certificate, a stop-work order, and a compliance order."
The family lives without an occupation certificate.
Financial Details
- Malass stated demolition and rebuilding would cost $10 million and be financially ruinous. However, the court noted incomplete financial disclosures.
- A company Malass owns and controls, SKJM Consortium Pty Ltd, purchased a $6.8 million Southern Highlands estate in 2023 as a cash buyer. It also owned properties at Rockdale and Gosford.
- Weekly mortgage repayments were $43,312.
- The Berrima property was later sold at a $2.3 million loss. All three company-owned properties have changed hands recently.
- Malass and her husband Rabi are unemployed, and Rabi is bankrupt. Malass claims a passive role in construction.
Legal Proceedings
The Land and Environment Court will hear the contempt case on Thursday. Malass has pleaded not guilty.
Council hired private investigators who observed occupancy and activity at the property.
The case highlights issues with Building Information Certificates (BICs) being used to retrospectively approve unauthorised works — a practice criticized by Local Government NSW.
Statements
- NSW Planning Minister Paul Scully stated BICs are not blanket approval for unlawful building work and should not bypass development approvals.
- A neighbor expressed gratitude to council for its stance and supported tightening BIC rules.
- An LGNSW spokeswoman welcomed new building legislation but called for further review of the BIC framework to reduce misuse.