Cook v Hofer [1989] NSWLEC 173

Cook v Hofer [1989] NSWLEC 173

The applicant failed to demonstrate a clear or even arguable case of breach or apprehended breach of planning law, as the act complained of (removal of tree) is not itself proscribed and the Council showed no interest in the enforcement proceedings, with the balance of convenience favouring the respondent.

Jurisdiction
Australia
Judgment Date
30 March 1989
Procedural Posture
Application for Interlocutory Injunction / Interlocutory
Outcome
Interlocutory injunction dissolved; relief denied.
Legal Topics
['interlocutory Injunction' 'enforcement of Planning Law' 'local Heritage Conservation']
['environmental Law' 'planning Law'] ['interlocutory Injunction' 'enforcement of Planning Law' 'local Heritage Conservation']

Case Brief

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted restraining the respondent from removing a tree or undermining stone steps, allegedly in breach of planning controls in a conservation area']

Ratio Decidendi

The applicant failed to demonstrate a clear or even arguable case of breach or apprehended breach of planning law, as the act complained of (removal of tree) is not itself proscribed and the Council showed no interest in the enforcement proceedings, with the balance of convenience favouring the respondent.

Court Disposition

Interlocutory injunction dissolved; relief denied.

Orders

  • ['The interlocutory injunction granted earlier today is dissolved.' 'Exhibits may be returned.' 'The question of costs is reserved with liberty to apply on 3 days notice.']