F. Hannan Pty Ltd v Wyong Shire Council & Ors [2006] NSWSC 634

F. Hannan Pty Ltd v Wyong Shire Council & Ors [2006] NSWSC 634

Although there was a serious question to be tried that the defendants' works caused or would cause substantial additional stormwater discharge onto the Plaintiff's land amounting to nuisance, the interlocutory injunctions were refused because the balance of convenience was against relief: the works were largely completed and the prohibitory injunctions would have little utility, no mandatory relief was sought, the Plaintiff gave insufficient evidence of its own hardship or financial impact, public interest favoured completion of approved housing-related development works, the Plaintiff delayed seeking relief, and the proposed orders, especially against the Council, were too vague.

Jurisdiction
Australia
Judgment Date
21 June 2006
Procedural Posture
Interlocutory Injunction Application in Nuisance Concerning Stormwater Discharge / Urgent Notice of Motion in the Duty Judge List
Outcome
Plaintiff's motion dismissed with costs.
Legal Topics
['interlocutory Injunction' 'nuisance' 'stormwater Drainage' 'balance of Convenience' 'development Consents']
['equity' 'torts' 'local Government and Planning'] ['interlocutory Injunction' 'nuisance' 'stormwater Drainage' 'balance of Convenience' 'development Consents']

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Procedural Posture

Interlocutory Injunction Application in Nuisance Concerning Stormwater Discharge / Urgent Notice of Motion in the Duty Judge List

Legal Issues

  1. 1 ["Whether there was a serious question to be tried as to a cause of action against each defendant for discharge of stormwater onto the plaintiff's land." 'Whether the balance of convenience favoured interlocutory injunctions restraining further works.' 'Whether the proposed injunctions had utility given that the works complained of had largely been completed.' 'Whether delay, comparative hardship, public interest and vagueness of the proposed orders weighed against relief.']

Ratio Decidendi

Although there was a serious question to be tried that the defendants' works caused or would cause substantial additional stormwater discharge onto the Plaintiff's land amounting to nuisance, the interlocutory injunctions were refused because the balance of convenience was against relief: the works were largely completed and the prohibitory injunctions would have little utility, no mandatory relief was sought, the Plaintiff gave insufficient evidence of its own hardship or financial impact, public interest favoured completion of approved housing-related development works, the Plaintiff delayed seeking relief, and the proposed orders, especially against the Council, were too vague.

Court Disposition

Plaintiff's motion dismissed with costs.

Orders

  • ["The Plaintiff's Notice of Motion is dismissed." 'The Plaintiff is to pay the costs of the application.']