Waverley Council v Ibrahim & Anor. [2003] NSWLEC 67

Waverley Council v Ibrahim & Anor. [2003] NSWLEC 67

On the evidence, neither Respondent had any continuing connection with the business or premises at the relevant time and therefore an injunction was not justified, but as both had been responsible for breaches up to early 2002, the Council was entitled to its costs up to and including the first hearing day.

Parties
Applicant: Waverley Council; First Respondent: Mouammar Ibrahim; Second Respondent: Mohamad Ibrahim
Jurisdiction
Australia
Judgment Date
04 July 2002
Procedural Posture
Class 4 Proceeding / Final Hearing and Judgment
Outcome
Application for injunction dismissed; costs order granted to the applicant for a limited period.
Legal Topics
Development Consent, Injunctions, Compliance With Trading Hours, Costs Orders
Planning and Environment Law Development Consent Injunctions Compliance With Trading Hours Costs Orders

Case Brief

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Parties

Waverley Council

Applicant

Mouammar Ibrahim

First Respondent

Mohamad Ibrahim

Second Respondent

Procedural Posture

Class 4 Proceeding / Final Hearing and Judgment

Legal Issues

  1. 1 Whether Respondents are still conducting the business and liable for injunctive relief to enforce trading hour conditions.
  2. 2 Whether costs should be awarded against Respondents after proceedings commenced.

Ratio Decidendi

On the evidence, neither Respondent had any continuing connection with the business or premises at the relevant time and therefore an injunction was not justified, but as both had been responsible for breaches up to early 2002, the Council was entitled to its costs up to and including the first hearing day.

Court Disposition

Application for injunction dismissed; costs order granted to the applicant for a limited period.

Orders

  • The Council's application for injunction is dismissed.
  • The Respondents are to pay the Council's costs incurred in the proceedings up until and including the first day of hearing on 27 May 2002.