Tamworth Regional Council v Johnson (No 2) [2019] NSWLEC 34

Tamworth Regional Council v Johnson (No 2) [2019] NSWLEC 34

The Court extended the interim injunction because the s 91 Notice had been served on Ms Johnson by email in accordance with arrangements indicated by her, she received and was aware of the notice, she had not complied with it, the Council as a public authority was authorised under the Protection of the Environment Operations Act 1997 to enter the Property and carry out necessary asbestos clean-up works, there was a serious question to be tried, and the balance of convenience favoured further interim relief given the environmental and health risks and Ms Johnson's inability to comply with the notice.

Jurisdiction
Australia
Judgment Date
28 March 2019
Procedural Posture
Class 4 Application for Interim Injunctive Relief / Application for an Extension of Interim Injunction Granted on 22 March 2019, as Amended on 23 March 2019
Outcome
Further interim injunctive relief granted until 5.00pm, 28 March 2019; costs reserved.
Legal Topics
['interim Injunction' 'clean Up Notice' 'asbestos Contamination' 'service of Notices' 'power to Enter Land' 'balance of Convenience']
['environmental Law' 'planning and Environment' 'civil Procedure'] ['interim Injunction' 'clean Up Notice' 'asbestos Contamination' 'service of Notices' 'power to Enter Land' 'balance of Convenience']

Case Brief

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Procedural Posture

Class 4 Application for Interim Injunctive Relief / Application for an Extension of Interim Injunction Granted on 22 March 2019, as Amended on 23 March 2019

Legal Issues

  1. 1 ['Whether the Council had properly served the s 91 Notice on Ms Johnson.' 'Whether the Council had power to enter the Property to carry out demolition and remediation works.' 'Whether there was a serious question to be tried justifying continued interim injunctive relief.' 'Whether the balance of convenience favoured extending the interim injunction.']

Ratio Decidendi

The Court extended the interim injunction because the s 91 Notice had been served on Ms Johnson by email in accordance with arrangements indicated by her, she received and was aware of the notice, she had not complied with it, the Council as a public authority was authorised under the Protection of the Environment Operations Act 1997 to enter the Property and carry out necessary asbestos clean-up works, there was a serious question to be tried, and the balance of convenience favoured further interim relief given the environmental and health risks and Ms Johnson's inability to comply with the notice.

Court Disposition

Further interim injunctive relief granted until 5.00pm, 28 March 2019; costs reserved.

Orders

  • ['The defendant and her employees, agents, contractors, invitees, friends, associates any other person/s acting under her direction, authority or instruction, be immediately restrained from carrying out any works at the property known as 24 Northbrook Lane Manilla NSW 2346 until 5.00pm, 28 March 2019.' 'The...