Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2018] NSWLEC 38

Central Coast Council v 422 Pacific Highway Wyong Pty Ltd [2018] NSWLEC 38

The Court granted short-term ex parte interim relief because the Council's evidence established a seriously arguable case concerning the validity of the complying development certificate and the lawfulness of the earthworks, and the balance of convenience favoured preserving the status quo given the significant volume of fill proposed and potential cost of removal. The Council's refusal to give the usual undertaking did not bar relief because it was a public authority acting in the public interest.

Jurisdiction
Australia
Judgment Date
23 March 2018
Procedural Posture
Class 4 Civil Enforcement Proceedings / Ex Parte Interlocutory Application for Interim Injunction
Outcome
Short-term ex parte interim injunction granted; costs reserved; matter set down for further interlocutory hearing on 27 March 2018.
Legal Topics
['importation of Fill Material' 'complying Development Certificate' 'state Environmental Planning Policy (exempt and Complying Development Codes) 2008' 'serious Issue to Be Tried' 'balance of Convenience' 'usual Undertaking as to Damages']
['environmental Planning and Development' 'civil Enforcement' 'injunctions'] ['importation of Fill Material' 'complying Development Certificate' 'state Environmental Planning Policy (exempt and Complying Development Codes) 2008' 'serious Issue to Be Tried' 'balance of Convenience' 'usual Undertaking as to Damages']

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 Civil Enforcement Proceedings / Ex Parte Interlocutory Application for Interim Injunction

Legal Issues

  1. 1 ['Whether there was a seriously arguable case that the complying development certificate authorising the earthworks was invalid and that the earthworks were not permissible without development consent.' 'Whether the balance of convenience favoured preserving the status quo by restraining further importation of fill material on an interim basis.' "Whether the Council's refusal to give the usual undertaking as to costs and damages prevented the grant of interim injunctive relief."]

Ratio Decidendi

The Court granted short-term ex parte interim relief because the Council's evidence established a seriously arguable case concerning the validity of the complying development certificate and the lawfulness of the earthworks, and the balance of convenience favoured preserving the status quo given the significant volume of fill proposed and potential cost of removal. The Council's refusal to give the usual undertaking did not bar relief because it was a public authority acting in the public interest.

Court Disposition

Short-term ex parte interim injunction granted; costs reserved; matter set down for further interlocutory hearing on 27 March 2018.

Orders

  • ['The First Respondent, by itself, its servants or agents, case the importation of fill material to the land known as 422 and 450 Pacific Highway, Wyong (Land) immediately upon the service of these orders on the First Respondent pursuant to order 2(a).' 'Order 1 has effect until 9.30 am on Tuesday 27 March 2018.'...