Canterbury-Bankstown Council v Sydney Tools Pty Ltd [2019] NSWLEC 103

Canterbury-Bankstown Council v Sydney Tools Pty Ltd [2019] NSWLEC 103

No utility in declaratory or injunctive relief given Respondents' admissions, rectification of breaches, and absence of ongoing breach. Court exercises discretion to decline relief. Past breaches found but remedial orders not appropriate; Respondents to pay Council's costs.

Jurisdiction
Australia
Judgment Date
24 July 2019
Procedural Posture
Class 4 Civil Enforcement Proceedings / Final Judgment; Post Hearing With Written Submissions
Outcome
Declaratory and injunctive relief declined; Respondents ordered to pay Council's costs.
Legal Topics
['development Consent' 'planning Law Enforcement' 'breach of Development Conditions' 'declaratory Relief' 'injunctive Relief' 'costs Discretion']
['environmental Planning and Assessment' 'local Government' 'civil Procedure'] ['development Consent' 'planning Law Enforcement' 'breach of Development Conditions' 'declaratory Relief' 'injunctive Relief' 'costs Discretion']

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Final Judgment; Post Hearing With Written Submissions

Legal Issues

  1. 1 ['Were there breaches by the Respondents of development consent conditions for the Riverwood/Roselands premises?' 'Is the use of Unit C for hardware and building supplies store and light industry without consent?' 'Should declaratory or injunctive relief be granted to remedy past breaches?' 'Is relief for breach of Environmental Planning and Assessment Act 1979 warranted given admissions, rectification and utility?' 'Can multiple consents operate simultaneously (mosaic of development consents)?']

Ratio Decidendi

No utility in declaratory or injunctive relief given Respondents' admissions, rectification of breaches, and absence of ongoing breach. Court exercises discretion to decline relief. Past breaches found but remedial orders not appropriate; Respondents to pay Council's costs.

Court Disposition

Declaratory and injunctive relief declined; Respondents ordered to pay Council's costs.

Orders

  • ["In matter 2017/362850, Sydney Tools Pty Ltd and Eva Investments Australia Pty Ltd ordered, jointly and severally, to pay Canterbury-Bankstown Council's costs, as agreed or assessed." "In matter 2017/362851, Sydney Tools Pty Ltd and Eva Investments Australia Pty Ltd ordered, jointly and severally, to pay...