Armidale Dumaresq Council v Post [2012] NSWLEC 54

Armidale Dumaresq Council v Post [2012] NSWLEC 54

Because the respondent was accessing his property in a manner inconsistent with the development consent, and had not constructed the approved access road, injunctive relief restraining such access was appropriate. However, the order was suspended for six months to allow compliance.

Jurisdiction
Australia
Judgment Date
20 March 2012
Procedural Posture
Injunction Application (class 4) / Final Orders Following Hearing
Outcome
Orders granted (by consent) restraining respondent's vehicular access via unauthorised routes, suspended for six months; costs payable to applicant.
Legal Topics
['development Consent' 'access to Land' 'enforcement of Statutory Orders' 'injunctions' 'costs Orders']
['environmental Law' 'planning Law'] ['development Consent' 'access to Land' 'enforcement of Statutory Orders' 'injunctions' 'costs Orders']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Injunction Application (class 4) / Final Orders Following Hearing

Legal Issues

  1. 1 ['Whether respondent accessed property unlawfully contrary to development consent' 'Whether Court should grant injunctive relief restraining access via unauthorised route' 'Whether costs should be ordered against respondent']

Ratio Decidendi

Because the respondent was accessing his property in a manner inconsistent with the development consent, and had not constructed the approved access road, injunctive relief restraining such access was appropriate. However, the order was suspended for six months to allow compliance.

Court Disposition

Orders granted (by consent) restraining respondent's vehicular access via unauthorised routes, suspended for six months; costs payable to applicant.

Orders

  • ['Respondent, his servants and agents, is restrained from accessing 45 Gentles Road, Armidale, by motor vehicle or motor cycle via any road or driveway connecting 53, 53A, 53B and 53C, The Avenue, Armidale.' 'Respondent, his servants and agents, is restrained from accessing the property by motor vehicle or motor...