Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 124

Bocce Pty Ltd v Woollahra Municipal Council [2013] NSWLEC 124

Because the notice of motion was resolved by consent following discussion between bench and bar, the Court made consent orders including an interlocutory injunction restraining the respondent from taking action on Order No. 125/2013 until final determination of the relevant s97AA appeal, directions for the three proceedings to be heard together, and an order that the applicant not carry out work on the garage structure until further order.

Jurisdiction
Australia
Judgment Date
01 August 2013
Procedural Posture
Class 1 Interlocutory Application for Interlocutory Injunction / Motion Resolved by Consent
Outcome
Consent interlocutory injunction granted and other procedural orders made.
Legal Topics
['stop Work Order' 'development Consent Modification' 'building Certificate' 'interlocutory Injunction' 'consent Orders']
['planning and Environment' 'injunctions'] ['stop Work Order' 'development Consent Modification' 'building Certificate' 'interlocutory Injunction' 'consent Orders']

Case Brief

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Procedural Posture

Class 1 Interlocutory Application for Interlocutory Injunction / Motion Resolved by Consent

Legal Issues

  1. 1 ["Whether the respondent council should be restrained from taking action on its stop work order until final determination of the applicant's appeal concerning the modification application." 'What procedural directions should be made for the three related proceedings to be heard together.']

Ratio Decidendi

Because the notice of motion was resolved by consent following discussion between bench and bar, the Court made consent orders including an interlocutory injunction restraining the respondent from taking action on Order No. 125/2013 until final determination of the relevant s97AA appeal, directions for the three proceedings to be heard together, and an order that the applicant not carry out work on the garage structure until further order.

Court Disposition

Consent interlocutory injunction granted and other procedural orders made.

Orders

  • ['Proceedings 10396 of 2013, 10533 of 2013 and 10571 of 2013 are to be heard together on 8 and 9 August 2013, commencing on-site at 9:30 AM.' 'The previous hearing date of those proceedings, fixed for 20 August 2013, is vacated.' 'The respondent is to file and serve a Statement of Facts and Contentions in...