Hunter Community Forum Inc v Crescent Newcastle Pty Ltd [2023] NSWLEC 1

Land and Environment Court New South Wales

Medium Neutral Citation: Hunter Community Forum Inc v Crescent Newcastle Pty Ltd [2023] NSWLEC 1 Hearing dates: 31 January and 1 February 2023 Date of orders: 3 February 2023 Decision date: 03 February 2023 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraph 54 Catchwords: INTERLOCUTORY INJUNCTION – principles applicable to interlocutory applications – no serious question to be tried – balance of convenience – whether there is risk of irreparable harm – the preservation of the status quo – prejudice to third parties – public interest – no undertaking as to damages – delay in making application – application dismissed – costs in the cause Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Ballina Shire Council v Palm Lake Works Pty Ltd [2020] NSWLEC 41 Tegra (NSW) Pty Ltd v Gundagai Shire Council and Another (2007) 160 LGERA 1 Category: Procedural rulings Parties: Hunter Community Forum Inc. (Applicant on the Notice of Motion) Crescent Newcastle Pty Ltd (First Respondent on the Notice of Motion) Hunter and Central Coast Planning Panel (Second Respondent on the Notice of Motion) Representation: Counsel: C Honnery (Applicant on the Notice of Motion) J Hutton SC and D Farinha (First Respondent on the Notice of Motion) Submitting appearance (Second Respondent on the Notice of Motion)

Solicitors: Stringybark Legal (Applicant on the Notice of Motion) Sparke Helmore Lawyers (First Respondent on the Notice of Motion) Department of Planning and Environment (Second Respondent on the Notice of Motion) File Number(s): 2022/309378 Publication restriction: No