Strathfield Council seeks jail time for unlawful mansion owner defying demolition orders
Consensus Summary
Strathfield Council is escalating legal action against Sarah Malass, seeking her imprisonment and fines for defying a 2024 court order to demolish her unlawfully built mansion on Boden Avenue. The mansion, which includes unapproved additions like a spa, gym, and third-storey basement, remains occupied despite deadlines to vacate and demolish passing in early 2025. Malass, who pleaded not guilty to contempt charges, has exercised her right to silence in court, surprising the council, which is now relying on her previous affidavits to argue her guilt. The case highlights broader issues with Building Information Certificates (BICs), which critics say are misused to retrospectively validate illegal constructions. Judge Nicola Pain reserved her decision after a June 5 hearing, where the council also sought permission to demolish the property itself if Malass fails to comply within 28 days. Financial discrepancies in Malassâ claimsâsuch as her ownership of a $6.8 million estate and high mortgage repaymentsâcontradict her assertions of financial hardship.
â Verified by 2+ sources
Key details reported by multiple sources:
- Sarah Malass was ordered by the NSW Land and Environment Court in 2024 to vacate and demolish her unlawfully built mansion on Boden Avenue, Strathfield by February 2025 and April 2025 respectively
- The mansion includes unapproved additions such as a spa room, playroom, parking space, gym, cool room, and a basement amounting to an unapproved third storey
- Strathfield Council charged Malass with contempt of court in March 2026 for failing to comply with the demolition orders
- Malass pleaded not guilty to contempt charges and has exercised her right to silence in court proceedings
- The council is seeking Malassâ imprisonment, a lump sum fine, and a continuing fine for each day she resides in the home with her family
- The court hearing on the contempt charges took place on June 5, 2026, before Judge Nicola Pain
- Private investigators from The Huxley Hill Group confirmed the mansion remains occupied and well-maintained as of late 2025
- Malass claimed in court that demolishing and rebuilding the home would cost $10 million, a figure the council disputed as unsupported by documentation
- Malass owns and controls SKJM Consortium Pty Ltd, which purchased a $6.8 million Southern Highlands estate in 2023 and meets weekly mortgage repayments of $43,312
- The case highlights concerns about the misuse of Building Information Certificates (BICs) to retrospectively validate unlawful building work
Points of Difference
Details reported by only one source:
- The mansion is described as a 'concrete-faced trophy home' in Sydneyâs inner west, well-maintained despite being unlawful
- A neighbour, speaking anonymously, praised the council for 'sticking to their principles' and supported tighter BIC rules, calling the case an example of 'build now and seek forgiveness later'
- The 43-hectare Berrima estate owned by SKJM Consortium was sold at a $2.3 million loss
- The council is seeking permission to carry out demolition itself if Malass fails to comply, with NSW police potentially present during the process
- The prison sentence could be suspended if Malass complies within 28 days
- The third article (June 5, 2026) details the courtroom dynamics, including the councilâs surprise at Malassâ decision to remain silent and her legal teamâs objections to introducing new evidence
- Barrister Geoff Farland for the council argued Malassâ previous affidavits could be used against her, while her barrister Patrick Larkin SC argued it was 'fanciful' and 'plainly wrong'
- Judge Nicola Pain described the arguments as 'unusual' and reserved her decision after the hearing
Contradictions
Conflicting information between sources:
- TheAge and SMH both report Malass pleaded not guilty to contempt charges, but SMHâs third article suggests her legal team indicated she would exercise her right to silence, which could imply a strategic shift in defense posture
- TheAge states Malass claimed her husband was bankrupt and both were unemployed, while SMHâs cross-examination reveals she owns a company meeting high mortgage repayments ($43,312 weekly) and controls significant assets
Source Articles
Tear it down or go to jail: Council escalates fight with owner of unlawful Sydney mansion
Two years after the Land and Environment Court ordered Sarah Malass to vacate and demolish her unlawfully built Strathfield home, it still stands, in pristine condition.
Tear it down or go to jail: Council escalates fight with owner of unlawful Sydney mansion
Two years after the Land and Environment Court ordered Sarah Malass to vacate and demolish her unlawfully built Strathfield home, it still stands, in pristine condition.
The illegal mansion, the court case and the silent witness
Sarah Malass is staying tight-lipped as she is accused of disobeying court orders to vacate and demolish her unlawfully built Strathfield home.