Shoalhaven City Council v Bridgewater Investments Pty Ltd [2010] NSWLEC 103

Shoalhaven City Council v Bridgewater Investments Pty Ltd [2010] NSWLEC 103

Given evidence of breaches of development consent and construction certificate causing environmental harm, and immediate action needed to minimise further environmental damage, the Court is satisfied that a serious question to be tried exists and the balance of convenience favours granting a short-term ex parte interlocutory injunction until the respondents can be heard.

Jurisdiction
Australia
Judgment Date
11 June 2010
Procedural Posture
Motion for Ex Parte Interlocutory Injunction / Interlocutory, Ex Parte Hearing
Outcome
Ex parte interlocutory injunction granted for a short period.
Legal Topics
['interlocutory Injunctions' 'development Consent Conditions' 'construction Certificate Breaches' 'environmental Protection']
['environmental Law' 'civil Procedure'] ['interlocutory Injunctions' 'development Consent Conditions' 'construction Certificate Breaches' 'environmental Protection']

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Procedural Posture

Motion for Ex Parte Interlocutory Injunction / Interlocutory, Ex Parte Hearing

Legal Issues

  1. 1 ['Whether ex parte interlocutory injunction should be granted to restrain works allegedly in breach of development consent and construction certificate' 'Legal test for grant of interlocutory injunctions' 'Requirements for ex parte orders, including disclosure and balance of convenience']

Ratio Decidendi

Given evidence of breaches of development consent and construction certificate causing environmental harm, and immediate action needed to minimise further environmental damage, the Court is satisfied that a serious question to be tried exists and the balance of convenience favours granting a short-term ex parte interlocutory injunction until the respondents can be heard.

Court Disposition

Ex parte interlocutory injunction granted for a short period.

Orders

  • ['Until 5pm on Tuesday 15 June 2010, the first and second respondents are restrained from carrying out further works, except erosion and sediment control works, on Lot 13, DP 787669 at Jervis Bay Road, Huskisson.' "Time for service of the applicant's notice of motion abridged to 4 pm on 11 June 2010." 'Proceedings...