Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 134

Sydney Tools Pty Ltd v Oxford [2018] NSWLEC 134

The Court determined, on a preliminary assessment, that the appeal by Sydney Tools was reasonably arguable, since no expert evidence refuting their acoustic assessment was provided by the respondent. The balance of convenience favoured a limited stay on terms, as the ongoing operation of the order would cause potentially irreparable financial harm and put jobs at risk, while some mitigation of hardship to the respondent was possible by restricting Sydney Tools' operations. A stay was therefore granted subject to the applicant's undertakings.

Parties
Applicant: Sydney Tools Pty Ltd; Respondent: Robyn Oxford
Jurisdiction
Australia
Judgment Date
30 August 2018
Procedural Posture
Class 1 Appeal (stay Application) / Interlocutory Application for Stay Pending Appeal
Outcome
Stay granted pending appeal, on terms.
Legal Topics
Noise Abatement Orders, Stay of Orders, Appeal Pending, Discretionary Relief
Environmental Law Civil Procedure Noise Abatement Orders Stay of Orders Appeal Pending Discretionary Relief

Case Brief

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Parties

Sydney Tools Pty Ltd

Applicant

Robyn Oxford

Respondent

Procedural Posture

Class 1 Appeal (stay Application) / Interlocutory Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay of the noise abatement order should be granted pending appeal
  2. 2 Whether the appeal raises an arguable case
  3. 3 Balance of convenience regarding granting a stay

Ratio Decidendi

The Court determined, on a preliminary assessment, that the appeal by Sydney Tools was reasonably arguable, since no expert evidence refuting their acoustic assessment was provided by the respondent. The balance of convenience favoured a limited stay on terms, as the ongoing operation of the order would cause potentially irreparable financial harm and put jobs at risk, while some mitigation of hardship to the respondent was possible by restricting Sydney Tools' operations. A stay was therefore granted subject to the applicant's undertakings.

Court Disposition

Stay granted pending appeal, on terms.

Orders

  • The operation of the noise abatement order is stayed pending the Class 1 appeal, subject to: (a) semi-trailer and B double trucks limited to three days a week between 8am and 1pm; (b) containers not to be dropped or dragged on the forecourt/car park; all containers to be placed on rubber matting.
  • Matter to be relisted before the Registrar for further directions on 6 September 2018.