Twigg v Twigg [2021] NSWCA 38

Twigg v Twigg [2021] NSWCA 38

Declaratory relief was refused as it would amount to an impermissible advisory opinion in advance; no application for an injunction was made; the proposed use was not established to be unreasonable or outside the orders.

Parties
First Appellant / Respondent: Maxwell James Twigg; Second Appellant: Twigg Landfill Pty Ltd; Third Appellant: Byron Bay Beach Hotel Properties Pty Ltd; Fourth Appellant: Twigg Consulting Pty Ltd; Fifth Appellant: B Bay H Pty Ltd; Sixth Appellant: Twigg Investments Pty Ltd; Seventh Appellant: Maly Holdings Pty Ltd; Eighth Appellant: Twigg Property Development Pty Ltd; Ninth Appellant: Twigg Motor Sport Pty Ltd; Tenth Appellant: Vision Motor Sport Pty Ltd; Eleventh Appellant: Twigg Motor Racing Pty Ltd; Twelfth Appellant: Surf Street Holdings Pty Ltd; Thirteenth Appellant: W & E Twigg Pty Ltd; Fourteenth Appellant: Twigg Co Pty Ltd; First Respondent / Applicant: Diane Twigg; Second Respondent: Ipswich Landfill Pty Ltd; Third Respondent: Brooklyn Landfill & Waste Recycling Pty Ltd; Fourth Respondent: Twigg Plant Hire Pty Ltd
Jurisdiction
Australia
Judgment Date
01 March 2021
Procedural Posture
Notice of Motion in Appeal Proceedings / Interlocutory Application—application for Declaratory Relief Dismissed
Outcome
Notice of motion dismissed with costs
Legal Topics
Interpretation of Stay Orders, Declaratory Relief, Reasonable Use of Vehicle, Notice of Motion
Civil Procedure Interpretation of Stay Orders Declaratory Relief Reasonable Use of Vehicle Notice of Motion

Case Brief

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Parties

Maxwell James Twigg

First Appellant / Respondent

Twigg Landfill Pty Ltd

Second Appellant

Byron Bay Beach Hotel Properties Pty Ltd

Third Appellant

Twigg Consulting Pty Ltd

Fourth Appellant

B Bay H Pty Ltd

Fifth Appellant

Twigg Investments Pty Ltd

Sixth Appellant

Maly Holdings Pty Ltd

Seventh Appellant

Twigg Property Development Pty Ltd

Eighth Appellant

Twigg Motor Sport Pty Ltd

Ninth Appellant

Vision Motor Sport Pty Ltd

Tenth Appellant

Twigg Motor Racing Pty Ltd

Eleventh Appellant

Surf Street Holdings Pty Ltd

Twelfth Appellant

W & E Twigg Pty Ltd

Thirteenth Appellant

Twigg Co Pty Ltd

Fourteenth Appellant

Diane Twigg

First Respondent / Applicant

Ipswich Landfill Pty Ltd

Second Respondent

Brooklyn Landfill & Waste Recycling Pty Ltd

Third Respondent

Twigg Plant Hire Pty Ltd

Fourth Respondent

Procedural Posture

Notice of Motion in Appeal Proceedings / Interlocutory Application—application for Declaratory Relief Dismissed

Legal Issues

  1. 1 Whether proposed use of vehicles and caravan is 'reasonable use' within stay order
  2. 2 Whether declaratory relief is appropriate in lieu of injunction

Ratio Decidendi

Declaratory relief was refused as it would amount to an impermissible advisory opinion in advance; no application for an injunction was made; the proposed use was not established to be unreasonable or outside the orders.

Court Disposition

Notice of motion dismissed with costs

Orders

  • Notice of motion filed 1 March 2021 dismissed with costs