Burwood Council v Ralan Burwood Pty Ltd [2015] NSWLEC 27

Burwood Council v Ralan Burwood Pty Ltd [2015] NSWLEC 27

The Court extended the restraining order because the evidence was sufficient to show at least a serious question to be tried concerning the pillar crane and weighbridge found at 306 Racecourse Road, Clarendon, and the balance of convenience favoured preserving the items by restraining their removal or damage until the proceedings returned before the List Judge.

Jurisdiction
Australia
Judgment Date
25 February 2015
Procedural Posture
Class 4 Proceedings / Urgent Motion to Extend Ex Parte Restraining Order
Outcome
Restraining order extended until 5pm on 13 March 2015.
Legal Topics
['extension of Ex Parte Restraining Order' 'development Consent Condition 47' 'retention and Storage of Pillar Crane and Weighbridge' 'class 4 Enforcement Proceedings']
['planning and Environment' 'injunctions'] ['extension of Ex Parte Restraining Order' 'development Consent Condition 47' 'retention and Storage of Pillar Crane and Weighbridge' 'class 4 Enforcement Proceedings']

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

Class 4 Proceedings / Urgent Motion to Extend Ex Parte Restraining Order

Legal Issues

  1. 1 ['Whether the restraining order made on 20 February 2015 against the second to fifth respondents should be extended until 5pm on 13 March 2015.' 'Whether there was a sufficient case, including a serious question to be tried, and whether the balance of convenience favoured restraining removal or damage of the pillar crane and weighbridge.']

Ratio Decidendi

The Court extended the restraining order because the evidence was sufficient to show at least a serious question to be tried concerning the pillar crane and weighbridge found at 306 Racecourse Road, Clarendon, and the balance of convenience favoured preserving the items by restraining their removal or damage until the proceedings returned before the List Judge.

Court Disposition

Restraining order extended until 5pm on 13 March 2015.

Orders

  • ['Upon the applicant giving the usual undertaking as to damages, the second, third, fourth and fifth respondents, their employees and agents are restrained until 5pm on 13 March 2015 from removing the pillar crane and weighbridge from 306 Racecourse Road, Clarendon NSW.' 'Upon the applicant giving the usual...