Jacobs v Hurstville City Council [2010] NSWLEC 216

Jacobs v Hurstville City Council [2010] NSWLEC 216

There was no serious question to be tried arising from the submissions or affidavit material of the applicant. The potential breaches alleged related to matters regulated by the Local Government Act 1993 which are not reviewable by the Court, and no allegations concerning breaches of the Environmental Planning and Assessment Act 1979 were articulated. Consequently, the application for interlocutory relief was refused.

Jurisdiction
Australia
Judgment Date
06 August 2010
Procedural Posture
Interlocutory Application / Urgent Interlocutory Injunction
Outcome
application for interlocutory relief refused
Legal Topics
['injunctions' 'urgent Interlocutory Injunction' 'development Consent' 'heritage Item Demolition']
['planning and Environment Law'] ['injunctions' 'urgent Interlocutory Injunction' 'development Consent' 'heritage Item Demolition']

Case Brief

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Procedural Posture

Interlocutory Application / Urgent Interlocutory Injunction

Legal Issues

  1. 1 ['Whether there is a serious question to be tried for the grant of an interlocutory injunction preventing demolition of a heritage building' 'Whether the matters raised constitute potential breaches of the Local Government Act 1993 or Environmental Planning and Assessment Act 1979']

Ratio Decidendi

There was no serious question to be tried arising from the submissions or affidavit material of the applicant. The potential breaches alleged related to matters regulated by the Local Government Act 1993 which are not reviewable by the Court, and no allegations concerning breaches of the Environmental Planning and Assessment Act 1979 were articulated. Consequently, the application for interlocutory relief was refused.

Court Disposition

application for interlocutory relief refused

Orders

  • ["The Applicant's application for interlocutory relief by summons filed 30 July 2010 is refused."]