Lane Cove Council v Ross (No 3) [2012] NSWLEC 171

Lane Cove Council v Ross (No 3) [2012] NSWLEC 171

Given the ongoing risk of unauthorised building work, absence of permission for the works, and evidence refuting the respondent's assertions, it is appropriate to extend the existing injunction restraining further works pending final determination.

Parties
Applicant: Lane Cove Council; Respondent: Mr Raymond Ross
Jurisdiction
Australia
Judgment Date
24 July 2012
Procedural Posture
Interlocutory Application / Interlocutory Ex Parte Injunction Extension
Outcome
Interim injunction extended and consequential interlocutory orders made.
Legal Topics
Interim Injunction, Development Consent Breach, Building Works, Ex Parte Application
Planning and Environment Law Interim Injunction Development Consent Breach Building Works Ex Parte Application

Case Brief

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Parties

Lane Cove Council

Applicant

Mr Raymond Ross

Respondent

Procedural Posture

Interlocutory Application / Interlocutory Ex Parte Injunction Extension

Legal Issues

  1. 1 Whether the interim injunction restraining building works in breach of development consent should be extended

Ratio Decidendi

Given the ongoing risk of unauthorised building work, absence of permission for the works, and evidence refuting the respondent's assertions, it is appropriate to extend the existing injunction restraining further works pending final determination.

Court Disposition

Interim injunction extended and consequential interlocutory orders made.

Orders

  • The summons is set down for final hearing before Pepper J at 10.00 am on 1 August 2012.
  • The respondent is to file and serve any evidence upon which he seeks to rely at the final hearing of the summons by no later than 10.00 am 27 July 2012.