NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Birdon Contracting Pty Ltd v Hawkesbury City Council [2009] NSWLEC 143
APPLICANT: Birdon Contracting Pty Ltd
PARTIES : RESPONDENT: Hawkesbury City Council
OBJECTOR: Neville Diamond
FILE NUMBER(S) : 11133 of 2008
CORAM: Biscoe J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- Class one proceedings – third party objector in present proceedings gave undertaking to Court in earlier proceedings in which it was the applicant not to lodge any objection to or raise any issue of fact or law in respect of a proposed modification application with respect to certain matters – applicant seeks injunction restraining objector from breaching undertaking or from making any submission as objector in the present proceedings – construction of the undertaking – whether objector in breach of or threatening to breach undertaking
LEGISLATION CITED: Environmental Planning and Assessment Act 1979, s 96
DATES OF HEARING: 10 August 2009
EX TEMPORE JUDGMENT DATE : 10 August 2009
APPLICANT: Mr J Webster SC SOLICITORS Russell C. Byrnes
FIRST RESPONDENT: LEGAL REPRESENTATIVES: Mr S Griffiths SOLICITORS Pikes Lawyers
OBJECTOR: Mr N Eastman, barrister SOLICITORS n/a
JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES
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