South Sydney City Council v Coe [2000] NSWLEC 186

Land and Environment Court of New South Wales

CITATION : South Sydney City Council v Coe [2000] NSWLEC 186 APPLICANT South Sydney City Council PARTIES : RESPONDENT Coe FILE NUMBER(S) : 40118 of 2000 CORAM: Cowdroy J KEY ISSUES: Interlocutory Relief :- Interlocutory relief granted - orders suspended LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government (Consequential Provisions) Act 1993 s 68 CASES CITED: DATES OF HEARING: 17/8/00 EX TEMPORE 08/17/2000 JUDGMENT DATE :

APPLICANT Mr T Robertson (Barrister)

SOLICITORS Pike Pike & Fenwick LEGAL REPRESENTATIVES: RESPONDENTS Ms Coe by her agent Mr Oshlack, Mr Corowa & Mr Wilson

SOLICITORS n/a

JUDGMENT:

IN THE LAND AND MATTER No. 40118 of 2000 ENVIRONMENT COURT CORAM: Cowdroy J OF NEW SOUTH WALES DECISION DATE: 17/08/00

South Sydney City Council Applicant v Isabel Coe Respondent JUDGMENT [ex tempore]

1. Before the Court today is an application for an interlocutory injunction sought by South Sydney City Council ("the council") against Isabel Coe ("the respondent"). The council seeks a declaration that the occupation of Victoria Park, Chippendale as a campsite referred to as a tent embassy without the consent of the council is in breach of the Local Government Act 1993 ("the LGA Act") and the Environmental Planning and Assessment Act 1979 ("the EPA Act") and a consequential restraining order.