Ocean Shores Community Association Inc v Byron Shire Council (No 1) [2015] NSWLEC 193

Ocean Shores Community Association Inc v Byron Shire Council (No 1) [2015] NSWLEC 193

Given the serious question to be tried regarding the lawfulness of the delegation for the relevant Gateway Determination, and the risk that the subject matter of the proceedings (land to be sold) would be removed prior to the respondent having notice, it was appropriate to grant an ex parte interim injunction for a limited period, with the matter returnable on short notice to allow respondents to be heard.

Jurisdiction
Australia
Judgment Date
09 October 2015
Procedural Posture
Judicial Review/interlocutory Application / Ex Parte Interlocutory Injunction (returnable Instanter)
Outcome
Interlocutory injunction granted ex parte pending further order. Leave to file summons granted. Orders made as specified.
Legal Topics
['interlocutory Injunctions' 'ex Parte Injunctions' 'delegation of Authority' 'local Environmental Plans' 'judicial Review']
['administrative Law' 'local Government Law' 'environmental Planning Law'] ['interlocutory Injunctions' 'ex Parte Injunctions' 'delegation of Authority' 'local Environmental Plans' 'judicial Review']

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Procedural Posture

Judicial Review/interlocutory Application / Ex Parte Interlocutory Injunction (returnable Instanter)

Legal Issues

  1. 1 ['Whether it is appropriate to grant an ex parte interlocutory injunction restraining the sale of land by a local council' 'Whether the relevant officer was lawfully delegated authority to make the Gateway Determination under planning legislation' 'Whether the amendment to the Byron Local Environmental Plan 1998 is invalid due to improper delegation']

Ratio Decidendi

Given the serious question to be tried regarding the lawfulness of the delegation for the relevant Gateway Determination, and the risk that the subject matter of the proceedings (land to be sold) would be removed prior to the respondent having notice, it was appropriate to grant an ex parte interim injunction for a limited period, with the matter returnable on short notice to allow respondents to be heard.

Court Disposition

Interlocutory injunction granted ex parte pending further order. Leave to file summons granted. Orders made as specified.

Orders

  • ['Applicant has leave to file in Court the Summons.' 'Pending trial or further order, First Respondent restrained from selling, exchanging, or disposing of any part of Lot 530 DP 238451.' 'Service of the Summons abridged to 5pm on 9 October 2015.' 'Service on First Respondent to be effected by specified email...