Waverley Council v Ibrahim & Anor. [2003] NSWLEC 67

> Land and Environment Court of New South Wales

CITATION : Waverley Council v Ibrahim & Anor. [2003] NSWLEC 67 APPLICANT: Waverley Council PARTIES : RESPONDENT: Ibrahim & Anor. FILE NUMBER(S) : 40200 of 2001 CORAM: Bignold J KEY ISSUES: Injunctions and Declarations :- Respondents not proved to be conducting business at time of hearing-injunction refused-Respondents to pay Council's costs but limited to costs incurred up to the first day of the hearing. LEGISLATION CITED: Rules of Court Part 15 r 7 CASES CITED: DATES OF HEARING: 04/07/2002 EX TEMPORE JUDGMENT DATE : 07/04/2002

APPLICANT: Mr S Brockwell, Barrister SOLICITORS: Solicitor for Waverley Council RESPONDENTS: First Respondent N/A LEGAL REPRESENTATIVES: Second Respondent N/A SOLICITORS First Respondent N/A Second Respondent N/A

JUDGMENT:

IN THE LAND AND Matter No. 40200 of 2001 ENVIRONMENT COURT OF Coram: Bignold J. NEW SOUTH WALES 4 July 2002

WAVERLEY COUNCIL

Applicant

v

MOUAMMAR IBRAHIM

First Respondent

MOHAMAD IBRAHIM

Second Respondent

JUDGMENT

Bignold J:

1. This is an application for injunctive relief to enforce compliance with the conditions of development consent granted in respect of the conduct of a pizza shop business at premises known as 114 Glenayr Avenue, Bondi. The development consent was granted in November 1971, and Condition 3 imposed restrictions on trading hours so that trade must cease at 10 pm daily. The proceedings were originally brought against the first Respondent only, but on 1 February 2002 the second Respondent, who is the first Respondent's father, was joined.