Warringah Council V Franks & Ors [1999] NSWLEC 65

Land and Environment Court of New South Wales CITATION: Warringah Council V Franks & Ors [1999] NSWLEC 65

PARTIES APPLICANT Warringah Council

RESPONDENTS Franks, P. Welsh, P. Antoun. R.

NUMBER: 40123 of 1997

CORAM: Bignold J

KEY ISSUES: :- declaratory and injunctive relief. Judicial discretion. Mandatory injunction disproportionate to nature of breach

LEGISLATION CITED: declaratory and injunctive relief. Judicial discretion. Mandatory injunction disproportionate to nature of breach

DATES OF HEARING: 02/15/1999; 02/17/1999

DATE OF JUDGMENT DELIVERY: 03/19/1999

APPLICANT: Mr D. Wilson, Barrister

Solicitors: Wilshire Webb LEGAL REPRESENTATIVES: RESPONDENTS: In Person

Solicitors: N/A

JUDGMENT:

Introduction

1. On 26 May 1997 the Applicant (the Council) commenced these Class 4 proceedings claiming a prohibitory injunction against each of the respondents restraining them from carrying out earthworks and the erection of a seawall on the land known as Nos. 2 and 2A Goodwin Street Narrabeen and on the adjoining Crown Reserve forming part of the Collaroy/Narrabeen beachfront, unless and until consent therefor had been obtained under the Environmental Planning and Assessment Act 1979 (the EP&A Act) and the Local Government Act 1993 and a mandatory injunction against each of them requiring them within 21 days to demolish the partially constructed rock boulder wall to remove the boulders and to reinstate the land upon which the wall was constructed.