Wollondilly Shire Council v Khoder [2024] NSWLEC 5

Wollondilly Shire Council v Khoder [2024] NSWLEC 5

There is a serious question to be tried regarding the alleged unlawful importation and spreading of fill and carrying out of earthworks absent development consent, including with asbestos contamination, causing ongoing environmental risk. The balance of convenience favours injunction as the risk of continuing environmental harm and public interest in enforcement outweigh any prejudice to respondents, who did not engage with the process.

Parties
Applicant: Wollondilly Shire Council; First Respondent: Ihab Khoder; Second Respondent: Vince Vella; Third Respondent: Connie Vella
Jurisdiction
Australia
Judgment Date
05 February 2024
Procedural Posture
Class 4 (environmental Enforcement) / Interlocutory Application for Injunction
Outcome
Interlocutory injunction granted
Legal Topics
Interlocutory Injunction, Development Without Consent, Importation of Fill, Asbestos Contamination, Breach of Environmental Planning and Assessment Act
Environmental Law Planning Law Interlocutory Injunction Development Without Consent Importation of Fill Asbestos Contamination Breach of Environmental Planning and Assessment Act

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Parties

Wollondilly Shire Council

Applicant

Ihab Khoder

First Respondent

Vince Vella

Second Respondent

Connie Vella

Third Respondent

Procedural Posture

Class 4 (environmental Enforcement) / Interlocutory Application for Injunction

Legal Issues

  1. 1 Whether an interlocutory injunction should be granted to restrain the importation of fill and earthworks without development consent
  2. 2 Whether there is a serious question to be tried regarding breaches of the Environmental Planning and Assessment Act 1979 (NSW)

Ratio Decidendi

There is a serious question to be tried regarding the alleged unlawful importation and spreading of fill and carrying out of earthworks absent development consent, including with asbestos contamination, causing ongoing environmental risk. The balance of convenience favours injunction as the risk of continuing environmental harm and public interest in enforcement outweigh any prejudice to respondents, who did not engage with the process.

Court Disposition

Interlocutory injunction granted

Orders

  • Until further notice, the respondents, their servants, agents and invitees be restrained from receiving fill on the property at 2339 Silverdale Road, Silverdale (Lot 2 DP 866061) and/or undertaking earthworks involving the spread of fill on the land.
  • The parties approach the Registry with a view to obtaining a date in the Court's Friday list for directions in relation to the preparation of the matter for hearing.