Seek Justice Pty Ltd v Blue Mountains City Council and Anor [2021] NSWLEC 42

Land and Environment Court New South Wales

Medium Neutral Citation: Seek Justice Pty Ltd v Blue Mountains City Council and Anor [2021] NSWLEC 42 Hearing dates: 7 May 2021 Date of orders: 10 May 2021 Decision date: 10 May 2021 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [114] Catchwords: PROCEDURE - challenge to validity of development consent for event - application for interlocutory injunction to restrain event - event to take place before final hearing - Applicant does not offer usual undertaking - arguable grounds for challenge assumed - balance of convenience - minimal (at its highest) evidence of any potential adverse impacts from holding the event - adverse impacts of transitory nature if occurring -significant adverse economic impact on local community if event cancelled - significant adverse social impact on thousands of participants registered to take part in the event - adverse economic impacts on event promoter and other service providers to the event - balance of convenience against granting injunction - injunction refused COSTS - presumption that costs follow the event in Class 4 litigation - Applicant relies on public interest exception to resist making of costs order - Applicant incorporated three weeks prior to commencement of proceedings - only evidence of public interest nature of Applicant are assertions by its director - documentary evidence does not support conclusion the Applicant is a not-for-profit entity - taking the position for the Applicant at its highest and assuming characterisation as public interest litigation, nothing demonstrating "something more" than mere characterisation as public interest litigation - Applicant ordered to pay the Second Respondent's costs Legislation Cited: Environmental Planning and Assessment Act 1979, s 9.45 Government Information (Public Access) Act 2009 Land and Environment Court Rules 2007, r 4.2 Cases Cited: Beecham Group Ltd v Bristol Laboratories Pty Limited (1968) 118 CLR 618 Caroona Coal Action Group Inc v Coal Mines Australia Pty Limited and Minister for Mineral Resources (No 3) (2010) 173 LGERA 280; [2010] NSWLEC 59 Jeray v Blue Mountains City Council [2021] NSWCATAD 67 Parks and Playgrounds Movement Inc v Newcastle City Council (2010) 179 LGERA 346; [2010] NSWLEC 231 Save Our Figs Inc v General Manager Newcastle City Council (2012) 186 LGERA 127; [2011] NSWLEC 207 Tegra (NSW) Pty Limited v Gundagai Shire Council and Anor (2007) 160 LGERA 1; [2007] NSWLEC 806 Warringah Shire Council v Sedevcic [1987] 10 NSWLR 335 Category: Procedural rulings Parties: Seek Justice Pty Ltd (Applicant) Blue Mountains City Council (First Respondent) USM Events Pty Ltd (Second Respondent) Representation: Counsel: Mr I Jeray - director (Applicant) Submitting appearance (First Respondent) Mr T To, barrister (Second Respondent)