Donovan v Mijuskovic [2007] NSWLEC 650

Donovan v Mijuskovic [2007] NSWLEC 650

It was established that there is a serious question to be tried as to whether building works were carried out without development consent, and the balance of convenience favors granting the interlocutory injunction for a short period giving respondents opportunity to be heard later.

Parties
Applicant: Dr Raymond Donovan; Applicant: Associate Professor Leong Chan; Respondent: Milenko Mijuskovic; Respondent: Kate Melhuish; Respondent: Woollahra Municipal Council
Jurisdiction
Australia
Judgment Date
28 September 2007
Procedural Posture
Class 4 Proceedings / Interlocutory (ex Parte Motion for Interlocutory Injunction)
Outcome
Interlocutory injunction granted pending further hearing.
Legal Topics
Interlocutory Injunctions, Development Consent, Ex Parte Applications, Substituted Service
Planning and Environment Interlocutory Injunctions Development Consent Ex Parte Applications Substituted Service

Case Brief

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Parties

Dr Raymond Donovan

Applicant

Associate Professor Leong Chan

Applicant

Milenko Mijuskovic

Respondent

Kate Melhuish

Respondent

Woollahra Municipal Council

Respondent

Procedural Posture

Class 4 Proceedings / Interlocutory (ex Parte Motion for Interlocutory Injunction)

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain alleged unauthorised building works until development consent is obtained
  2. 2 Whether the requirements for substituted service are satisfied

Ratio Decidendi

It was established that there is a serious question to be tried as to whether building works were carried out without development consent, and the balance of convenience favors granting the interlocutory injunction for a short period giving respondents opportunity to be heard later.

Court Disposition

Interlocutory injunction granted pending further hearing.

Orders

  • Applicants to give the usual undertaking as to damages.
  • First and second respondents restrained from further works at 168 Sutherland Street, Paddington, until 4pm on 3 October 2007.