Nadilo v Eagleton [2020] NSWLEC 95

Land and Environment Court New South Wales

Medium Neutral Citation: Nadilo v Eagleton [2020] NSWLEC 95 Hearing dates: 3 July 2020 Date of orders: 3 July 2020 Decision date: 03 July 2020 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [36] Catchwords: INTERLOCUTORY APPLICATION – civil enforcement proceedings for declaratory and injunctive relief that use of two air conditioners and a heat pump water heater at residential premises were operating to emit noise that interfered with the sleep of the residents of the adjoining property – application for interlocutory relief – applicant had earlier commenced proceedings for a noise abatement order in the Local Court – respondents make application for stay of Land and Environment Court proceedings – stay application set down for hearing on 27 July – serious issue to be tried on the merits concerning at least one air conditioner and the heat pump water heater – balance of convenience – balance of convenience favours interim restraint on night-time use of one air conditioner but not the heat pump water heater – injunction restraining, until 2pm on 27 July, the respondents from using the air conditioner between 10pm and 7am COSTS – applicant sought costs of the application for interim relief – applicant only partially successful – respondents partially successful in resisting the application for interim relief – appropriate that there be no order for costs of the application for interim relief Legislation Cited: State Environmental Planning Policy (Exempt and Complying Development Codes) 2008 Category: Procedural and other rulings Parties: Deborah Nadilo (Applicant) Sally Eagleton (First Respondent) Jason Eagleton (Second Respondent) Representation: Counsel: Ms A Pearman, barrister (Applicant) Mr M Swanson, barrister (First and Second Respondents)