Baulkham Hills Shire Council v Dix Gardner Pty Limited and Anor [2004] NSWLEC 271

Baulkham Hills Shire Council v Dix Gardner Pty Limited and Anor [2004] NSWLEC 271

An ex parte interlocutory injunction was justified because there was a serious question to be tried regarding inconsistency between the construction certificate and development consent, damages would not be an adequate remedy, and the balance of convenience favoured granting the injunction to prevent further potentially non-compliant work.

Parties
Applicant: Baulkham Hills Shire Council; First Respondent: Dix Gardner Pty Limited; Second Respondent: Reham Developments Pty Limited
Jurisdiction
Australia
Judgment Date
04 May 2004
Procedural Posture
Class 4 Application / Ex Parte Interlocutory Injunction
Outcome
Ex parte interlocutory injunction granted until 12 noon, 5 May 2004
Legal Topics
Interlocutory Relief, Construction Certificate, Development Consent
Planning and Environment Interlocutory Relief Construction Certificate Development Consent

Case Brief

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Parties

Baulkham Hills Shire Council

Applicant

Dix Gardner Pty Limited

First Respondent

Reham Developments Pty Limited

Second Respondent

Procedural Posture

Class 4 Application / Ex Parte Interlocutory Injunction

Legal Issues

  1. 1 Whether an ex parte interlocutory injunction should be granted to restrain building works allegedly inconsistent with development consent
  2. 2 Whether the construction certificate is inconsistent with the development consent and was improperly issued

Ratio Decidendi

An ex parte interlocutory injunction was justified because there was a serious question to be tried regarding inconsistency between the construction certificate and development consent, damages would not be an adequate remedy, and the balance of convenience favoured granting the injunction to prevent further potentially non-compliant work.

Court Disposition

Ex parte interlocutory injunction granted until 12 noon, 5 May 2004

Orders

  • The Second Respondent and its servants, agents and contractors be restrained until further order from carrying out work on the on-site detention structure and associated masonry walls located between the apartment building at 19-29 Sherwin Avenue, Castle Hill and Sherwin Avenue.
  • The Applicant serve a copy of this order on the Respondents by 3 pm on 4 May 2004.