Lane Cove Council v Chami (No 2) [2014] NSWLEC 11

Lane Cove Council v Chami (No 2) [2014] NSWLEC 11

Given respondent's control of property and admitted involvement in works breaching consent and court orders, interlocutory relief is necessary to prevent further contravention, balance of convenience favours Council; orders must be fashioned to avoid unjust hardship and facilitate expedited hearing.

Jurisdiction
Australia
Judgment Date
10 February 2014
Procedural Posture
Interlocutory Application / Interlocutory; Orders Made Pending Expedited Final Hearing
Outcome
Interlocutory orders granted against respondent; expedited final hearing ordered; costs awarded to Council.
Legal Topics
['interlocutory Injunction' 'breach of Development Consent' 'compliance With Court Orders' 'balance of Convenience']
['environmental Law' 'planning Law'] ['interlocutory Injunction' 'breach of Development Consent' 'compliance With Court Orders' 'balance of Convenience']

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Procedural Posture

Interlocutory Application / Interlocutory; Orders Made Pending Expedited Final Hearing

Legal Issues

  1. 1 ['Whether the respondent has sufficient involvement in the contravention of development consent and court orders' 'Appropriateness and form of interlocutory injunction' 'Balance of convenience in granting interlocutory relief']

Ratio Decidendi

Given respondent's control of property and admitted involvement in works breaching consent and court orders, interlocutory relief is necessary to prevent further contravention, balance of convenience favours Council; orders must be fashioned to avoid unjust hardship and facilitate expedited hearing.

Court Disposition

Interlocutory orders granted against respondent; expedited final hearing ordered; costs awarded to Council.

Orders

  • ["An order in the terms of Order 4 in the applicant Council's NOM of 31 January 2014" 'An order in the terms of Order 5 in that NOM' 'An order in the terms of additional Order 5A, as drafted and agreed at the conclusion of the hearing' 'A costs order in the terms of Order 6 in the NOM of 31 January 2014' 'An order...