Dr Elizabeth Joanou v Randwick City Council & Anor [1998] NSWLEC 58 (17 April 1998) [1998] NSWLEC 76

Land and Environment Court of New South Wales

CITATION : Dr Elizabeth Joanou v Randwick City Council & Anor [1998] NSWLEC 58 (17 April 1998) [1998] NSWLEC 76 PARTIES : Dr Elizabeth Joanou v Randwick City Council & Anor FILE NUMBER(S) : 40053 of 1998 CORAM: Sheahan J KEY ISSUES: :- Interlocutory injunction - extension - expedition - notice of application - was applicant served? - undertaking as to damages - case to be tried? Environmental Planning & Assessment Act 1979 LEGISLATION CITED: Randwick Planning Scheme Ordinance Randwick Local Environmental Plans CASES CITED: DATES OF HEARING: 25 March 1998 EX TEMPORE JUDGMENT DATE : 04/17/1998

Mr J McKenzie, Barrister LEGAL REPRESENTATIVES: Mr AJJ Thompson, Barrister Mr G Newport, Barrister

JUDGMENT: HIS HONOUR: In this matter, late in the day on 19 March, I granted on an ex parte basis, interlocutory relief to the applicant and set some timetable in respect of service of the documents.

This morning the parties have appeared in response to that interlocutory ex parte relief to discuss and dispute the question of its continuing.

No matters of this type are ever simple in terms of the exercise of the Court's discretion and the exercise of its powers.

The issues between the parties appear to be of relatively narrow compass and there is a fair amount of common ground as to exactly what did occur. What is in dispute is whether or not something else may have occurred in respect of the provision of the relevant notice to the applicant.On what is before the Court today it is reasonable to accept that the Council can be confident of proving at a full hearing that a notice of the relevant development application was sent to the then occupier of the applicant's house and to her agent.