Strathfield Municipal Council v Michael Raad Architect Pty Ltd (No 2) [2017] NSWLEC 119

Strathfield Municipal Council v Michael Raad Architect Pty Ltd (No 2) [2017] NSWLEC 119

The evidence supports a finding that works undertaken are likely unauthorised and not in accordance with consent DA0405/176/03; there is a serious question to be tried and the balance of convenience favours granting an interlocutory injunction restraining further non-compliant works.

Jurisdiction
Australia
Judgment Date
23 August 2017
Procedural Posture
Class 4 / Interlocutory Application—notice of Motion for Injunction
Outcome
Interlocutory injunction granted pending further order.
Legal Topics
['interlocutory Injunction' 'development Consent' 'compliance' 'modification Application']
['environmental Law' 'planning Law'] ['interlocutory Injunction' 'development Consent' 'compliance' 'modification Application']

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Procedural Posture

Class 4 / Interlocutory Application—notice of Motion for Injunction

Legal Issues

  1. 1 ['Whether works undertaken were in contravention of development consent' 'Whether interlocutory injunction should be granted based on serious question to be tried and balance of convenience']

Ratio Decidendi

The evidence supports a finding that works undertaken are likely unauthorised and not in accordance with consent DA0405/176/03; there is a serious question to be tried and the balance of convenience favours granting an interlocutory injunction restraining further non-compliant works.

Court Disposition

Interlocutory injunction granted pending further order.

Orders

  • ['Until further order, Respondents, their servants and agents, do not construct the basement of Building 6 at SP 87671 otherwise than in accordance with development consent DA0405/176/03.' 'Matter stood over for further directions before the List Judge on 15 September 2017.' 'Liberty to apply.' 'Costs reserved.']