Forgery claims emerge over new Sydney hotel opening
A building certifier has claimed his signature had been forged to allow the planned opening late last year of a new boutique luxury hotel in Sydney’s Burwood.
The 90-room Marsden Hotel opened in December. But one month later Burwood Council had been told by police that the bar was trading without a liquor licence, had no visible fire-exit signs, and had tables blocking fire escapes.
According to the Land and Environment Court, council officers returned with police to find two levels of the 11-storey hotel in a state resembling a “building site".
Records did not show an occupation certificate for the hotel, but council received an interim certificate purportedly by building certifier Valerio Lilli one day before the venue started trading.
But Lilli has claimed the certificate was a "fake" as his accreditation had been suspended at the time.
Lilli was the principal certifier for the hotel when construction certificates for the development were issued in June and October 2019, but he has denied he sent them, despite the documentation bearing his signature and reportedly emailed from his email address.
Burwood Council then sought an injunction regarding the issuing of the certificate, with the Land and Environment Court declaring the certificate void and of no effect.
"In the present case, by reason of the apparent fraud committed on the council, this essential inspection and certification has not occurred," Justice Pepper said.
Burwood Council issued emergency orders for the hotel operators to stop using the premises while works were still being carried out citing a lack of fire safety certificates and no proof the rooftop pool had been built to standard among other reasons.
Council officers were twice denied entry when they tried to inspect the hotel on four occasions between February 8 and 9.
After providing the council with interim documentation from a new principal certifier, the operators appealed against the council orders.
Justice Pepper last month halted the council's stop orders on the grounds it would cause undo financial stress on the operators. She ordered the business to abide by a number of conditions, including not to occupy levels two or 10.
No one has yet been charged with any criminal offences regarding the hotel development.
Sheridan Randall, 5th March 2020
