Lane Cove Council v Ross [2012] NSWLEC 153

Lane Cove Council v Ross [2012] NSWLEC 153

A prima facie case was established that the respondent breached the development consent and further unlawful building work was likely, warranting an interlocutory injunction until further order, with substituted service methods authorised due to difficulties with personal service.

Parties
Applicant: Lane Cove Council; Respondent: Raymond Ross
Jurisdiction
Australia
Judgment Date
06 July 2012
Procedural Posture
Interlocutory Application / Interlocutory Injunction
Outcome
Interlocutory injunction granted; substituted service orders made; matter stood over.
Legal Topics
Building Work in Breach of Development Consent, Interlocutory Injunction, Substituted Service
Planning and Environment Law Building Work in Breach of Development Consent Interlocutory Injunction Substituted Service

Case Brief

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Parties

Lane Cove Council

Applicant

Raymond Ross

Respondent

Procedural Posture

Interlocutory Application / Interlocutory Injunction

Legal Issues

  1. 1 Whether building work was carried out in contravention of a development consent
  2. 2 Whether interlocutory relief should be granted to restrain further work
  3. 3 Appropriate method of service of court documents

Ratio Decidendi

A prima facie case was established that the respondent breached the development consent and further unlawful building work was likely, warranting an interlocutory injunction until further order, with substituted service methods authorised due to difficulties with personal service.

Court Disposition

Interlocutory injunction granted; substituted service orders made; matter stood over.

Orders

  • The respondent is restrained from laying bricks or carrying out any building work at the second floor of 8 Bayview Street, Northwood until further order, subject to an undertaking as to damages.
  • Copies of the summons, affidavit, and orders must be affixed at the premises, posted to PO Box 944 Lane Cove NSW 2066, and emailed to rossconsulting@optusnet.com.au.