Morris v Woollahra Municipal Council [1966] HCA 65

High Court of Australia Taylor, Menzies and Owen JJ. Morris v Woollahra Municipal Council [1966] HCA 65

ORDER Appeal dismissed with costs. By consent Order of the Supreme Court varied by substituting the 1st February 1967 for the thirtieth June next appearing in the first and second injunctions and for the 15th July next appearing in the third injunction.

Cur. adv. vult.

The Court delivered the following written judgment:

Nov. 1 Taylor, Menzies and Owen JJ.

This appeal is brought from a decree of the Supreme Court made in its equitable jurisdiction by which the appellants were restrained from using or permitting to be used certain premises in the Municipality of Woollahra as a place for providing catering and entertaining services for functions such as wedding receptions, club social functions and the like and from using or permitting the premises to be used as a boarding house or guest house, except in pursuance of a licence under Ordinance No. 42 made in pursuance of the Local Government Act, 1919 (as amended). The grounds upon which the injunctions were granted were that the appellants' user of the premises in question contravened both the provisions of the County of Cumberland Planning Scheme Ordinance and proclamations made pursuant to s. 309 of the Local Government Act and, further, that in so far as the premises were used by the appellants as a guest house or boarding house, they were not the holders of a licence issued pursuant to Ordinance No. 42.

By cl. 26 of the Planning Scheme Ordinance it is provided that:—

The purposes—

(a) for which buildings may be erected or used without the consent of the responsible authority;

(b) for which buildings may be erected or used only with the consent of the responsible authority; and

(c) for which buildings may not be erected or used;