Blacktown City Council v Wilkie & (2) Ors [2001] NSWLEC 91

Blacktown City Council v Wilkie & (2) Ors [2001] NSWLEC 91

Although there was a serious question to be tried because the crushing of concrete and bricks and chipping of timber appeared to be outside the existing development consent and the current use included an industrial use without consent, the evidence did not establish actual environmental harm and the balance of convenience, including the council's refusal to give the usual undertaking as to damages and the impact on innocent employees, was against granting interlocutory relief.

Jurisdiction
Australia
Judgment Date
06 March 2001
Procedural Posture
Application for Interlocutory Relief to Restrain Use of Land / Ex Tempore Judgment on Interlocutory Application
Outcome
Application for interlocutory relief dismissed.
Legal Topics
['interlocutory Injunction' 'prohibited Use of Land' 'development Consent' 'balance of Convenience' 'impact on Third Parties']
['environmental Planning and Land Use' 'civil Procedure'] ['interlocutory Injunction' 'prohibited Use of Land' 'development Consent' 'balance of Convenience' 'impact on Third Parties']

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

Application for Interlocutory Relief to Restrain Use of Land / Ex Tempore Judgment on Interlocutory Application

Legal Issues

  1. 1 ['Whether there was a serious question to be tried that the use of the property for crushing concrete and bricks and chipping timber was outside the existing development consent and included an industrial use without consent.' 'Whether the council would suffer irreparable harm or injury if interlocutory relief was not granted.' "Whether the balance of convenience favoured granting interlocutory relief, including the absence of an undertaking as to damages and the impact on employees and the respondents' business."]

Ratio Decidendi

Although there was a serious question to be tried because the crushing of concrete and bricks and chipping of timber appeared to be outside the existing development consent and the current use included an industrial use without consent, the evidence did not establish actual environmental harm and the balance of convenience, including the council's refusal to give the usual undertaking as to damages and the impact on innocent employees, was against granting interlocutory relief.

Court Disposition

Application for interlocutory relief dismissed.

Orders

  • ["The council's application for interlocutory relief is dismissed." 'The costs of the application shall be costs in the proceedings.' 'The exhibits may be returned.' 'The matter be re-listed before the Registrar for directions.' 'The matter will be listed before the Registrar on 20 March 2001 for directions.']