Marrickville Council v G & K Psakis Pty Limited [2004] NSWLEC 663

Land and Environment Court of New South Wales

CITATION : Marrickville Council v G & K Psakis Pty Limited [2004] NSWLEC 663 APPLICANT: Marrickville Council PARTIES : RESPONDENT: G & K Psakis Pty Limited FILE NUMBER(S) : 41301 of 2004 CORAM: Pain J KEY ISSUES: Interlocutory Relief :- Whether the balance of convenience favours the Court exercising its discretion to grant an interlocutory injunction LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 109B Marrickville Local Environmental Plan 2001 CASES CITED: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 DATES OF HEARING: 01/12/2004 DATE OF JUDGMENT: 12/01/2004

APPLICANT: Mr G. Christmas (solicitor) of Marrickville Council LEGAL REPRESENTATIVES: RESPONDENT: Mr G. Newport (barrister) with Mr B. Beules (barrister) instructed by John Peetz Solicitor

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

1 December 2004

41301 of 2004 Marrickville Council v G & K Psakis Pty Limited

JUDGMENT

1 Her Honour: The Applicant has commenced class 4 proceedings seeking various orders in relation to the Respondent's use of Lot 1 DP 537653 known as 2 South Street, Tempe, as a transport business operating 24 hours a day. The premises are on the corner of South Street and Smith Street, Tempe. The Applicant has filed a Notice of Motion dated 11 November 2004 seeking the following interlocutory orders: 1. Until further order, the Respondent, its directors, employees and agents are restrained from using Lot 1 in Deposited Plan 537653 and known as 2 South Street, Tempe ("the Property") for any purpose outside the hours of 8.00am to 5.00pm Mondays to Fridays and 8.00am to 12.00 midday Saturdays with no use of the property to occur on Sundays and public holidays. 2. Until further order, the Respondent, its directors, employees and agents are restrained from carrying out any form of loading or unloading of vehicles outside the boundary of the Property.