Ross, F v Gunning Shire Council and Anor. [2003] NSWLEC 446

Ross, F v Gunning Shire Council and Anor. [2003] NSWLEC 446

The Court granted interim ex parte relief because the Applicant's affidavit and documentary evidence provisionally substantiated a serious question to be tried about the validity of the purported development consent for Lot 2, construction activity had commenced on Lot 2, the relief sought was limited to restraining work on Lot 2, and the Applicant gave the usual undertaking as to damages.

Jurisdiction
Australia
Judgment Date
13 March 2003
Procedural Posture
Application for an Interlocutory Injunction Restraining Reliance on a Purported Development Consent / Ex Parte Interlocutory Relief
Outcome
Interlocutory injunction granted ex parte until further order; costs reserved.
Legal Topics
['development Consent' 'interlocutory Injunction' 'ex Parte Relief' 'validity of Consent' 'environmental Planning and Assessment Act, S 96']
['environmental Planning and Development' 'injunctions'] ['development Consent' 'interlocutory Injunction' 'ex Parte Relief' 'validity of Consent' 'environmental Planning and Assessment Act, S 96']

Case Brief

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Procedural Posture

Application for an Interlocutory Injunction Restraining Reliance on a Purported Development Consent / Ex Parte Interlocutory Relief

Legal Issues

  1. 1 ['Whether an interlocutory injunction should be granted ex parte restraining the second Respondent from carrying out work on Lot 2 Deposited Plan 834906 in reliance upon a purported development consent.' "Whether the Applicant's evidence raised a serious question to be tried concerning the validity of the purported development consent in respect of Lot 2."]

Ratio Decidendi

The Court granted interim ex parte relief because the Applicant's affidavit and documentary evidence provisionally substantiated a serious question to be tried about the validity of the purported development consent for Lot 2, construction activity had commenced on Lot 2, the relief sought was limited to restraining work on Lot 2, and the Applicant gave the usual undertaking as to damages.

Court Disposition

Interlocutory injunction granted ex parte until further order; costs reserved.

Orders

  • ['The second Respondent, its agents and servants be restrained on an interlocutory basis and until further order from carrying out any work on Lot 2 Deposited Plan 834906 in reliance upon the purported development consent granted in respect of that Lot by the Gunning Shire Council for the establishment of a...