Over Our Dead Body Society Inc. v Byron Bay Community Association. Inc. [2001] NSWLEC 211

Reported Decision : 117 LGERA 233

Land and Environment Court of New South Wales

CITATION : Over Our Dead Body Society Inc. v Byron Bay Community Association. Inc. [2001] NSWLEC 211 APPLICANT: Over Our Dead Body Society Inc. PARTIES : RESPONDENT: Byron Bay Community Association Inc. FILE NUMBER(S) : 40088 of 2001 CORAM: Bignold J KEY ISSUES: Practice and Procedure :- Application to dissolve interim injunction - Proceedings not yet finally determined - Application adjourned until final orders are made. LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 81A(2) CASES CITED: DATES OF HEARING: 20 August 2001 EX TEMPORE JUDGMENT DATE : 08/20/2001

APPLICANT: Mr T S Hale, SC SOLICITORS Beesly and Hughes LEGAL REPRESENTATIVES: RESPONDENT: Mr D Wilson, Barrister SOLICITORS Stone and Partners

JUDGMENT:

IN THE LAND AND Matter No. 40088 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 20 August 2001

OVER OUR DEAD BODY SOCIETY INCORPORATED.

Applicant

v

BYRON BAY COMMUNITY ASSOCIATION INCORPORATED

Respondent

JUDGMENT ON APPLICATION BY RESPONDENT FOR DISSOLUTION OF INTERIM INJUNCTION GRANTED ON 18 MAY 2001 BY SHEAHAN J.

Bignold J:

1. On 8 June 2001, I delivered judgment in a matter that had been argued a few days earlier in which the single issue for adjudication presented to the Court was whether demolition work carried out by or on behalf of the Respondent to parts of an existing building known as the Byron Community Centre situate at the corner of Johnson Street and Fletcher Lane, Byron Bay had been carried out in breach of the Environmental Planning and Assessment Act 1979, s 81A(2) (EP&A Act), which forbids the carrying out of the erection of a building in accordance with the development consent until a construction certificate for the building work has been issued.