McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 72

McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 72

There was no serious issue to be tried nor any new evidence of breach of development consent, so interlocutory relief was not warranted. The application re-agitated matters previously decided, and the 'new evidence' did not materially advance the applicant's case.

Jurisdiction
Australia
Judgment Date
28 May 2013
Procedural Posture
Interlocutory Application / Application for Interlocutory Injunction; Post Initial Hearing
Outcome
Application for interlocutory relief dismissed. Costs ordered against the applicant.
Legal Topics
['interlocutory Injunctions' 'development Consent' 'building Works' 'heritage and Planning' 'party/party Costs']
['environmental Law' 'civil Procedure'] ['interlocutory Injunctions' 'development Consent' 'building Works' 'heritage and Planning' 'party/party Costs']

Case Brief

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Procedural Posture

Interlocutory Application / Application for Interlocutory Injunction; Post Initial Hearing

Legal Issues

  1. 1 ['Whether there is a serious issue to be tried justifying an interlocutory injunction to stop building works.' 'Whether there is sufficient new evidence of a breach of development consent.' 'Whether balance of convenience supports granting interlocutory relief.']

Ratio Decidendi

There was no serious issue to be tried nor any new evidence of breach of development consent, so interlocutory relief was not warranted. The application re-agitated matters previously decided, and the 'new evidence' did not materially advance the applicant's case.

Court Disposition

Application for interlocutory relief dismissed. Costs ordered against the applicant.

Orders

  • ['This application for interlocutory relief is dismissed.' "Mr McNeill is ordered to pay the defendants' costs of the hearing on 27 May, on a party-party basis, as agreed or assessed." 'Exhibit P1 before me is retained.' 'The substantive proceedings are to be associated with matter No 40349 of 2013, and listed with...