Hunters Hill Council v Salwa Aust Pty Ltd [2018] NSWLEC 141

Hunters Hill Council v Salwa Aust Pty Ltd [2018] NSWLEC 141

The Court made interlocutory protective orders because the Council's evidence established serious issues to be tried as to unauthorised development and demolition affecting heritage cottages, particularly the removal of the front verandah of 1 Ryde Road without consent; the respondents did not identify prejudice from the short-term revised orders; and the Council, acting in the public interest to protect the statutory planning system, was not required to give the usual undertaking as to costs and damages.

Jurisdiction
Australia
Judgment Date
07 September 2018
Procedural Posture
Class 4 Civil Enforcement Proceedings / Notice of Motion for Interlocutory Injunctive Relief
Outcome
Interlocutory orders made; matter adjourned to 11 September 2018.
Legal Topics
['interlocutory Injunction' 'unauthorised Development' 'heritage Items' 'development Consent' 'usual Undertaking as to Damages' 'balance of Convenience']
['environmental Planning Law' 'heritage Law' 'civil Procedure'] ['interlocutory Injunction' 'unauthorised Development' 'heritage Items' 'development Consent' 'usual Undertaking as to Damages' 'balance of Convenience']

Case Brief

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Procedural Posture

Class 4 Civil Enforcement Proceedings / Notice of Motion for Interlocutory Injunctive Relief

Legal Issues

  1. 1 ['Whether there was a serious issue to be tried concerning alleged development and demolition work at 1 and 3 Ryde Road, Hunters Hill without operative development consent or other authorisation.' 'Whether the balance of convenience favoured short-term interlocutory protective orders preserving the status quo.' 'Whether Hunters Hill Council should be required to give the usual undertaking as to costs and damages when seeking interlocutory orders to protect the integrity of the statutory planning system.']

Ratio Decidendi

The Court made interlocutory protective orders because the Council's evidence established serious issues to be tried as to unauthorised development and demolition affecting heritage cottages, particularly the removal of the front verandah of 1 Ryde Road without consent; the respondents did not identify prejudice from the short-term revised orders; and the Council, acting in the public interest to protect the statutory planning system, was not required to give the usual undertaking as to costs and damages.

Court Disposition

Interlocutory orders made; matter adjourned to 11 September 2018.

Orders

  • ['The First and Second Respondents, by themselves, their servants or agents, are restrained from carrying out development at Lot B DP 433644, known as 1 Ryde Road Hunters Hill and Lot A DP 433644, known as 3 Ryde Road Hunters Hill, including in particular any demolition work or earthworks, otherwise than in...