Hopkins v Tamworth Regional Council [2024] NSWLEC 142

Hopkins v Tamworth Regional Council [2024] NSWLEC 142

The application for interim injunctive relief was dismissed because the applicant failed to demonstrate a serious question to be tried on the pleaded grounds, making only bald assertions unsupported by evidence of deficiency in the assessment process. Further, the balance of convenience weighed decisively against granting an injunction due to the advanced stage of works, lack of particularised harm to the applicant, and prejudice to respondents.

Parties
Applicant: Benjamin Hopkins; First Respondent: Tamworth Regional Council; Second Respondent: Fleetwood Urban Pty Ltd
Jurisdiction
Australia
Judgment Date
20 December 2024
Procedural Posture
Judicial Review / Interlocutory (application for Interim Injunctive Relief)
Outcome
Notice of motion dismissed. Costs reserved.
Legal Topics
Interlocutory Relief, Judicial Review, Development Assessment, Injunctions
Environmental Law Administrative Law Interlocutory Relief Judicial Review Development Assessment Injunctions

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Parties

Benjamin Hopkins

Applicant

Tamworth Regional Council

First Respondent

Fleetwood Urban Pty Ltd

Second Respondent

Procedural Posture

Judicial Review / Interlocutory (application for Interim Injunctive Relief)

Legal Issues

  1. 1 Whether proceedings brought out of time
  2. 2 Whether a serious question to be tried
  3. 3 Whether to grant interim injunctive relief in Class 4 judicial review proceedings

Ratio Decidendi

The application for interim injunctive relief was dismissed because the applicant failed to demonstrate a serious question to be tried on the pleaded grounds, making only bald assertions unsupported by evidence of deficiency in the assessment process. Further, the balance of convenience weighed decisively against granting an injunction due to the advanced stage of works, lack of particularised harm to the applicant, and prejudice to respondents.

Court Disposition

Notice of motion dismissed. Costs reserved.

Orders

  • The applicant's notice of motion filed on 18 December 2024 is dismissed.
  • The first and second respondents' costs of the motion are reserved.