Ermanno Giurina claims Geelong council unlawfully demolished part of a Geelong West property

The man controlling a derelict Geelong West estate is claiming City Hall unlawfully undertook demolition work on the property.

The Geelong West property in question. Picture: Alan Barber.

The man controlling a derelict Geelong West estate claims City Hall failed to serve him with appropriate documentation before it commenced demolition work on the property.

It is alleged Geelong’s council unlawfully entered the property and undertook partial demolition works, which included the removal of a front porch and brick chimney.

Ermanno Giurina, who represented himself in the Supreme Court in front of Justice Timothy Ginnane on Thursday, asked for the court case to be heard in front of a judge and jury, rather than a judge-only trial.

Mr Giurina claimed Geelong council failed to serve an emergency order on him before it proceeded to partially demolish parts of the derelict Elizabeth St property.

The property’s condition came to the attention of City of Greater Geelong five years ago.

It subsequently demolished parts of the property after making emergency orders due to its condition.

The sheriff’s office was ready to sell the property via an online auction in February, however the auction was cancelled at the last minute because the matter was still before the court.

This came after the council earlier issued warrants to the sheriff to seize and sell the house.

Documents show the sheriff planned to sell the property in the interest of Mr Giurina, who is the executor of the estate of his aunt, Lina Nacinovich.

Ms Nacinovich died in 2002 and gifted the property to Mr Giurina in a 1995 will.

“It’s quite clear that a failure to serve the emergency order meant that entrance by council onto the property … (and) demolishing parts of the building were all unlawful,” Mr Giurina said on Thursday.

Mr Giurina said he had been served two emergency notices, however, he claimed the second notice was served without his knowledge because he was in the process of discussing the matter with solicitors.

He claimed during negotiations, council went “behind my back”.

Ermanno Giurina. Source: LinkedIn.

“The council itself went behind my back, entered the property, issued a second emergency order unbeknown to me and then proceeded to actually demolish parts of the building,” he told the court.

“All this happened while I was trying to negotiate an affidavit together and have the matter brought before the practice court.

“All of this happened, and they didn’t even have the decency after the deed had been done to even tell me about it.

“I go to the property twice a month and on September 27, 2019, I arrived at the property and to my shock and horror, parts of the building were demolished.”

Geelong council did not have a legal representative present at Thursday’s hearing.

Justice Ginnane said he would not grant the application by Mr Giurina to have the matter before a jury and a judge.

The matter would proceed as a judge-only trial, which is currently listed for October 21.

The City of Greater Geelong was contacted for comment.

Originally published as Ermanno Giurina claims Geelong council unlawfully demolished part of a Geelong West property