Geelong West ‘eyesore’ to be sold after owner fails to block council

A dilapidated Geelong West home could be sold after its owner failed in court. Here’s what you need to know.

A Geelong West house that has been left dilapidated and graffitied could be sold after its owner failed to block the council in court.

Ermanno Giurina returned to the Victorian Supreme Court to prevent the sale of the Elizabeth St house but was told that he did not successfully prove there would be “irreparable harm” if it is sold.

The long-running legal dispute to prevent the demolition and selling of the house has racked up more than $86,915 in costs that Mr Giurina now owes to the Greater Geelong City Council.

He recently asked the court to prevent the council from selling the house so he can repair the damage and live in it with his family.

Mr Giurina, who is admitted as a lawyer and represented himself, told the court he intended to “rebuild parts of the premises that were demolished” and could not do so under current council warrants.

Mr Giurina argued the council failed to abide by its own emergency order and “unlawfully” sent workers to start the demolition of the house, which has been described as an “eye sore” by neighbours.

The graffitied and dilapidated Geelong West house.

He said a “question for trial was the consequence at law of the failure by (the council) to serve the relevant emergency order and to consider his relevant rights when it enforced the emergency order”.

Mr Giurina said the proceedings become “pointless and is rendered nugatory if an injunction (to stop the sale) were not granted because he could hardly rebuild if the property has been sold off”.

“In reality, all (Mr Giurina) seeks to do is to prevent the sale of the property in the valid execution of a judgment against him in favour of the (the council) for personal reasons,” Justice John Dixon found.

Mr Giurina received an emergency order in 2019 that required him to allow a municipal building surveyor access to the house.

He failed to block this and a second emergency order. An attempt to appeal the decision in the Supreme Court was also refused.

Mr Giurina also said the relevant legal consequences of “trespassing” on the property meant the “defendant is liable to pay him damages”.

The Supreme Court dismissed this and the injunction to halt the sale of the property, meaning it can now be sold by the council.

Originally published as Geelong West ‘eyesore’ to be sold after owner fails to block council