Profilio v Lodestar Holdings Pty Ltd [2010] NSWLEC 236

Profilio v Lodestar Holdings Pty Ltd [2010] NSWLEC 236

The Court granted expedition because the evidence demonstrated a present danger that the retaining wall might collapse, with potential consequences for the adjoining properties and persons, requiring prompt adjudication of whether the wall had been erected in breach of the Environmental Planning and Assessment Act 1979 and what remedial orders, if any, should be made.

Jurisdiction
Australia
Judgment Date
17 November 2010
Procedural Posture
Summons Seeking Declaratory and Injunctive Relief for Alleged Breaches of the Environmental Planning and Assessment Act 1979, With a Notice of Motion Seeking Interlocutory Mandatory Injunctive Relief / Application for Expedition of Proceedings; Ex Tempore Judgment
Outcome
Expedition granted.
Legal Topics
['expedition of Proceedings' 'interlocutory Relief' 'mandatory Injunction' 'complying Development Certificate' 'alleged Breaches of the Environmental Planning and Assessment Act 1979']
['environmental Planning Law' 'practice and Procedure'] ['expedition of Proceedings' 'interlocutory Relief' 'mandatory Injunction' 'complying Development Certificate' 'alleged Breaches of the Environmental Planning and Assessment Act 1979']

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Procedural Posture

Summons Seeking Declaratory and Injunctive Relief for Alleged Breaches of the Environmental Planning and Assessment Act 1979, With a Notice of Motion Seeking Interlocutory Mandatory Injunctive Relief / Application for Expedition of Proceedings; Ex Tempore Judgment

Legal Issues

  1. 1 ['Whether the proceedings should be expedited rather than proceed by interlocutory hearing' 'Whether the alleged danger of collapse of the retaining wall required prompt adjudication of the alleged breaches of the Environmental Planning and Assessment Act 1979']

Ratio Decidendi

The Court granted expedition because the evidence demonstrated a present danger that the retaining wall might collapse, with potential consequences for the adjoining properties and persons, requiring prompt adjudication of whether the wall had been erected in breach of the Environmental Planning and Assessment Act 1979 and what remedial orders, if any, should be made.

Court Disposition

Expedition granted.

Orders

  • ['Expedition granted.' 'Orders and directions in accordance with the short minutes of order signed by the parties, initialled by the Court and placed with the papers.' 'The Court noted the usual undertaking as to damages given by the applicant, founding the undertaking proffered by the first and second respondents...