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. 3 The orders of the Court are as follows: 1. The matter is stood over to Friday 8 October 2010 before me as the List Judge. 2. The applicants are to notify the respondent by 4 pm today that the matter is listed on 8 October 2010 and of any orders that the applicants propose to seek on that date. 3. Such notification may be by email and the applicants will also endeavour to notify the respondent by telephone by the same time. DISCLAIMER - Every effort has been made to comply with suppression orders or statutory provisions prohibiting publication that may apply to this judgment or decision. The onus remains on any person using material in the judgment or decision to ensure that the intended use of that material does not breach any such order or provision. Further enquiries may be directed to the Registry of the Court or Tribunal in which it was generated.