Cook v Hofer [1989] NSWLEC 173

Land and Environment Court of New South Wales

CITATION : Cook v Hofer [1989] NSWLEC 173 APPLICANT Cook PARTIES : RESPONDENT Hofer FILE NUMBER(S) : 40073 of 1989 CORAM: Bignold J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning and Assessment Act 1979 Local Government Act 1919 CASES CITED: DATES OF HEARING: DATE OF JUDGMENT: 03/30/1989

APPLICANT LEGAL REPRESENTATIVES: Mr. O'Brien

JUDGMENT:

Bignold J.: Earlier today I heard an urgent application for an interlocutory injunction to restrain the owner of property No. 17 Military Road, Watsons Bay "from removing the tree adjacent to the stone steps on 17 Military Road, Watsons Bay or (from) doing any other work which will undermine the stone steps on 17 Military Road, Watsons Bay".

At the conclusion of the hearing I indicated to the parties that I proposed to adjourn the matter until later in the day in order that the Woollahra Municipal Council be given the opportunity to appear in the proceedings. I took this decision because the matter in issue appeared to me to be a matter that was governed by the Council's statutory functions under the Environmental Planning and Assessment Act 1979 and the Local Government Act 1919 and because it was unclear to me on the sketchy evidence presented, whether the building approval granted by the Council to the Respondent for the construction of a dwelling-house on the adjoining property No. 11 Military Road, also owned by the Respondent, sanctioned, either expressly or by implication the matter in dispute between the parties which immediately concerns site excavation works being undertaken for the approved dwelling-house.