Local Democracy Matters Incorporated; Waverley Council v Infrastructure NSW [2019] NSWLEC 18

Local Democracy Matters Incorporated; Waverley Council v Infrastructure NSW [2019] NSWLEC 18

The injunction is granted as there is a serious question to be tried, the balance of convenience favours restraining demolition pending judgment, the potential irreversibility of demolition works is relevant, the applicants are acting in the public interest, and no undertaking as to damages is required in these circumstances.

Jurisdiction
Australia
Judgment Date
26 February 2019
Procedural Posture
Judicial Review / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
['interlocutory Injunction' 'development Consent' 'public Interest Standing' 'balance of Convenience']
['administrative Law' 'environmental Law' 'planning Law'] ['interlocutory Injunction' 'development Consent' 'public Interest Standing' 'balance of Convenience']

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Procedural Posture

Judicial Review / Interlocutory Application for Injunction

Legal Issues

  1. 1 ['Whether interlocutory injunction restraining demolition pursuant to ministerial consent should be granted' 'Whether there is a serious question to be tried' 'Whether balance of convenience favours granting injunction' 'Whether undertaking as to damages should be required']

Ratio Decidendi

The injunction is granted as there is a serious question to be tried, the balance of convenience favours restraining demolition pending judgment, the potential irreversibility of demolition works is relevant, the applicants are acting in the public interest, and no undertaking as to damages is required in these circumstances.

Court Disposition

Interlocutory injunction granted

Orders

  • ['Lendlease is restrained from carrying out demolition pursuant to ministerial consent SSD9249 other than demolition soft strip as defined in the consent until 5pm Friday 8 March 2019 or until further court order.' "Orders must be served by 11am today on Lendlease's solicitors by email and on Lendlease's email as...