Jeray v Blue Mountains City Council [2008] NSWLEC 290

Jeray v Blue Mountains City Council [2008] NSWLEC 290

The Notice of Motion was dismissed because the Applicant did not give an undertaking as to damages and did not satisfy the Court that he had a strong prima facie case or that there was a real possibility that the Council would destroy the material or cause it to be unavailable for use in evidence.

Jurisdiction
Australia
Judgment Date
10 October 2008
Procedural Posture
Class 4 Proceedings / Notice of Motion Seeking Seizure and Securing of Council Files
Outcome
Notice of Motion dismissed; costs on the Motion to be costs in the cause; substantive matter stood over to 9.15am on 31 October.
Legal Topics
['search or Entry Orders' 'preservation of Evidence' 'development Application Files' 'communications Management Plan' 'interlocutory Relief']
['practice and Procedure' 'environmental Planning and Assessment' 'local Government'] ['search or Entry Orders' 'preservation of Evidence' 'development Application Files' 'communications Management Plan' 'interlocutory Relief']

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Procedural Posture

Class 4 Proceedings / Notice of Motion Seeking Seizure and Securing of Council Files

Legal Issues

  1. 1 ['Whether the Court should order the Sheriff to seize and keep secure Council development application files pending the first return date.' 'Whether the Uniform Civil Procedure Rules 2005 provisions for search or entry orders apply to the Class 4 proceedings.' 'Whether the Applicant established a strong prima facie case and a real possibility that the Respondent would destroy the material or cause it to be unavailable for use in evidence.']

Ratio Decidendi

The Notice of Motion was dismissed because the Applicant did not give an undertaking as to damages and did not satisfy the Court that he had a strong prima facie case or that there was a real possibility that the Council would destroy the material or cause it to be unavailable for use in evidence.

Court Disposition

Notice of Motion dismissed; costs on the Motion to be costs in the cause; substantive matter stood over to 9.15am on 31 October.

Orders

  • ["The Applicant's Notice of Motion is dismissed." 'The costs on the Motion will be costs in the cause.' 'The substantive matter is stood over to 9.15am on 31 October as specified in the Class 4 application.']