COFFS HARBOUR ENVIRONMENT CENTRE INCORPORATED v COFFS HARBOUR CITY COUNCIL and ANOR [1991] NSWCA 58

COFFS HARBOUR ENVIRONMENT CENTRE INCORPORATED v COFFS HARBOUR CITY COUNCIL and ANOR [1991] NSWCA 58

Where an applicant has a strong prima facie case and the balance of convenience favours maintaining the status quo, an interlocutory injunction should be granted, subject to the provision of an undertaking as to damages even where the opponent argues there is no evidence of the applicant's means.

Parties
Claimant: Coffs Harbour Environment Centre Incorporated; First Opponent: Coffs Harbour City Council; Second Opponent: ANOR
Jurisdiction
Australia
Judgment Date
09 December 1991
Procedural Posture
Application for Injunction / Interlocutory Phase; Pending Delivery of Judgment on Appeal
Outcome
Injunction granted, conditional upon undertaking as to damages
Legal Topics
Interlocutory Injunctions, Local Planning and Zoning, Undertaking as to Damages
Environmental Law Administrative Law Interlocutory Injunctions Local Planning and Zoning Undertaking as to Damages

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Parties

Coffs Harbour Environment Centre Incorporated

Claimant

Coffs Harbour City Council

First Opponent

ANOR

Second Opponent

Procedural Posture

Application for Injunction / Interlocutory Phase; Pending Delivery of Judgment on Appeal

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain further works on land subject to appeal against an earlier refusal for declaratory relief
  2. 2 Whether the claimant should be required to provide an undertaking as to damages

Ratio Decidendi

Where an applicant has a strong prima facie case and the balance of convenience favours maintaining the status quo, an interlocutory injunction should be granted, subject to the provision of an undertaking as to damages even where the opponent argues there is no evidence of the applicant's means.

Court Disposition

Injunction granted, conditional upon undertaking as to damages

Orders

  • Upon the claimant giving the usual undertaking as to damages, O.1 in the Notice of Motion of 9 December 1991 be made.
  • Orders are as set out in the short minutes of order initialled and placed with the papers.