Blacktown City Council V Sharp [2000] NSWLEC 92

Land and Environment Court of New South Wales

CITATION : Blacktown City Council V Sharp [2000] NSWLEC 92 APPLICANT: Blacktown City Council PARTIES : RESONDENT: Sharp FILE NUMBER(S) : 40061 of 2000 CORAM: Bignold J KEY ISSUES: Interlocutory Relief :- Use of existing premises as place of public entertainment. Necessity for approval in interests of public safety. LEGISLATION CITED: Local Government Act 1993, s 68 CASES CITED: DATES OF HEARING: 19/04/00, 20/04/00 EX TEMPORE 04/20/2000 JUDGMENT DATE :

APPLICANT: Mr J E Robson, Barrister SOLICITORS Taylor Kelso LEGAL REPRESENTATIVES: RESPONDENT: Mr C Sharp in person SOLICITORS: N/A

JUDGMENT: IN THE LAND AND Matter No . 40061 of 2000 ENVIRONMENT COURT OF Coram : Bignold J. NEW SOUTH WALES 20 April 2000

BLACKTOWN CITY COUNCIL

Applicant

v

C SHARP

Respondent

JUDGMENT

Bignold J:

1. By its amended class 4 application filed in Court today, the Council claims injunctive relief in respect of the use of premises owned by the Respondent known as the "Astro Entertainment Centre" situated in North Parade, Mount Druitt.

2. On Friday of last week, Lloyd J granted an ex parte injunction restraining the Respondent from using the subject premises and the temporary structure comprising a marquee erected on adjacent Council owned land as a place of public entertainment without the approval of the Council pursuant to the Local Government Act 1993 s 68.

3. In the Supreme Court today, Windeyer J granted relief in favour of the Council in respect of the unlawful use of the Council's land by the Respondent by dint of the existence of the marquee. A prohibitory injunction was granted by his Honour restraining the use of the marquee, together with a mandatory injunction requiring the removal of the marquee by Monday 1 May this year, together with its accoutrements.