Bellingen Shire Council v Lamir-Pike (No 2) [2010] NSWLEC 197

Land and Environment Court of New South Wales

CITATION : Bellingen Shire Council v Lamir-Pike (No 2) [2010] NSWLEC 197

FIRST APPLICANT: Bellingen Shire Council

PARTIES : SECOND APPLICANT: Coffs Harbour City Council

RESPONDENT: Eric Lamir-Pike

FILE NUMBER(S) : 40804 of 2010

CORAM: Biscoe J

KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- interlocutory injunction to restrain dance party without development consent.

CASES CITED: Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195

DATES OF HEARING: 5 October 2010

EX TEMPORE JUDGMENT DATE : 5 October 2010

APPLICANTS: Mr A Pickles, barrister SOLICITORS LEGAL REPRESENTATIVES: HWL Ebsworth

RESPONDENT: n/a

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

BISCOE J

5 October 2010

40804 of 2010

BELLINGEN SHIRE COUNCIL & ANOR v ERIC LAMIR-PIKE

EX TEMPORE JUDGMENT 1 HIS HONOUR: On Friday last I granted the applicant councils an interlocutory injunction restraining the respondent from carrying out a dance party event without development consent: Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195. 2 The matter was listed before me this morning. The respondent does not appear. I am informed by counsel for the applicants that (a) the respondent was served personally at Friday Creek on Saturday morning last within the time required by an order for service that I made last Friday; (b) according to an entry in Facebook at or about 12.35 pm on Sunday last the dance party event was cancelled due to wet weather and people who had paid were told that they would receive a refund; and (c) the event did not proceed.