Sydney Mother Could Face Prison Over Unapproved Mansion Additions
A Sydney mother-of-three is facing potential jail time if she fails to demolish a multi-million dollar mansion built with significant unapproved additions. The sprawling property, located on Boden Avenue in Strathfield, has been the subject of a protracted legal battle between the homeowner, Sarah Malass, and Strathfield Council.
Illegal Additions and Court Orders
In 2017, approval was granted to demolish the original dwelling and construct a two-storey house with a basement, car parking, and a swimming pool. However, by 2020, Strathfield Council issued a stop-work order due to unapproved additions. These disallowed features reportedly included a spa room, playroom, gym, cool room, and a basement so extensive it was considered a third storey.
Court documents indicate that the stop-work order was not adhered to. Over the subsequent four years, the council and the Malass family engaged in extensive legal proceedings and correspondence.
Homeowner Ordered to Demolish and Vacate
In a 2024 ruling, Mrs. Malass, listed as the homeowner, was ordered to vacate the property within 10 months and demolish the unlawful works within 12 months. The court noted that Mrs. Malass had pleaded guilty to contempt of court orders on two separate occasions, with her contraventions deemed willful.
The court heard that Mrs. Malass requested an extension for demolition last year, citing “poor financial circumstances” and unemployment. She claimed that demolishing and rebuilding would cost $10 million, a figure that was not supported by any documentation presented to the court.
Financial Scrutiny and Company Holdings
Judge Nicola Pain of the Land and Environment Court expressed concern over the lack of documentation supporting Mrs. Malass’s financial claims. The court was informed that her husband is bankrupt, and Mrs. Malass provided an incomplete picture of their financial situation. She is the sole director and shareholder of SKJM Consortium, which reportedly borrowed funds for the property. This company, according to business records, purchased a property in Berrima for $6.8 million in 2023, with no registered mortgage on its title, despite Mrs. Malass meeting weekly mortgage repayments of $43,312.
Mrs. Malass stated that the Berrima purchase involved borrowings she was unaware of, as her husband managed such matters. The judge highlighted the incomplete information regarding Mrs. Malass’s true financial position as a factor weighing against her extension request.
Adverse Impacts and Planning Regime
Judge Pain observed that the family was residing in the largely completed unlawful dwelling, which impacts neighbors due to its scale and bulk. No occupation certificate has been issued for the property.
The judge emphasized that allowing Mrs. Malass to continue benefiting from the unauthorized works would substantially diminish the relevance of the planning regime. Extending compliance time would only enlarge that illegitimate benefit and perpetuate the significant adverse impacts on the neighborhood.
Contempt Charges and Potential Penalties
The legal battle recently returned to the Land and Environment Court, where Strathfield Council is seeking that Mrs. Malass be convicted of contempt charges. The council is requesting fines, removal from the property, and potential jail time if the home is not demolished within 28 days.
The council’s barrister indicated that there were clear admissions of guilt from the respondent. Mrs. Malass’s barrister argued against the introduction of new evidence, including a photograph of the home still standing, stating that the council had previously declared its evidence complete.
Resident Concerns and Property Values
The property’s substantial size and deviation from approved plans have drawn criticism from some residents on Boden Avenue. Mahesh Mapa, a long-time resident, described the property as a “monstrosity,” citing its excessive size and width.
Neighboring properties on Boden Avenue, a street characterized by a mix of traditional and modern homes with significant security, have seen considerable value increases. A neighboring home was purchased in 2024 for $9.5 million, and a parcel of land opposite the Malass residence sold last year for $4.9 million.
While some residents expressed fear of speaking out until the legal case concludes, others voiced support for the council’s actions. One resident, however, remained unfazed, stating the large home had not bothered them and noting the presence of other substantial residences in the area.
