Ross, F v Gunning Shire Council and Anor. [2003] NSWLEC 446

> Land and Environment Court of New South Wales

CITATION : Ross, F v Gunning Shire Council and Anor. [2003] NSWLEC 446 APPLICANT: Ross, F PARTIES : RESPONDENTS: Gunning Shire Council and Anor. FILE NUMBER(S) : 40272 of 2003 CORAM: Bignold J KEY ISSUES: Development Consent - Injunctions and Declarations - Interlocutory Relief :- Ex parte LEGISLATION CITED: CASES CITED: DATES OF HEARING: 13/03/2003 EX TEMPORE JUDGMENT DATE : 03/13/2003

APPLICANT: Mr M Bridger, Solicitor

SOLICITORS Hunt and Hunt LEGAL REPRESENTATIVES: RESPONDENTS: Mr A Bradbury, Solicitor

SOLICITORS Minter Ellison

JUDGMENT:

THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BIGNOLD J

13 March 2003

40272 of 2003 FRANCIS ROSS v GUNNING SHIRE COUNCIL & Anor

JUDGMENT

HIS HONOUR

1. This is an application for an interlocutory injunction restraining the second Respondent from acting upon a purported development consent in respect of Lot 2 Deposited Plan 83906 situate at Church Street Collector. The application is made ex-parte although I am satisfied by Exhibit 1 that facsimile transmissions of the intention of the Applicant to approach the Court today for urgent relief was given to the Solicitors for the developer, the second Respondent, and the Council, Gunning Shire, the first Respondent. Neither Respondent has appeared today and the Applicant has asked the Court for the grant of relief ex-parte.

2. The substantive proceedings which have been filed today and are made returnable on 21 March, Friday of next week, allege the invalidity of a development consent granted by the first Respondent to the second Respondent in respect of Lots 3 and 4, Deposited Plan 834906 and a purported development consent granted by the Council for the same development on Lot 2 of Deposited Plan 834906. Apparently Lots 2, 3 and 4, are owned by the second Respondent and Lot 4 is developed by a house occupied by the principal shareholder of the second Respondent company. The Applicant is the owner of Lot 1 in the same Deposited Plan whose Lot adjoins Lot 2 and is one Lot removed from Lots 3 and 4 to which the Council's granted development consent on 16 September 2002 for the establishment of a transport depot was granted.