Jacobs v Hurstville City Council [2010] NSWLEC 216

Land and Environment Court of New South Wales

CITATION : Jacobs v Hurstville City Council [2010] NSWLEC 216

APPLICANT PARTIES : Kevin Roy Jacobs RESPONDENT Hurstville City Council

FILE NUMBER(S) : 40601 of 2010

CORAM: Pain J

KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- urgent interlocutory injunction - no serious question to be tried - injunction refused

Environmental Planning and Assessment Act 1979 LEGISLATION CITED: Hurstville Local Environmental Plan 1994 cl 28(1) Local Government Act 1993

CASES CITED: Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; 161 CLR 148

DATES OF HEARING: 6 August 2010

EX TEMPORE JUDGMENT DATE : 6 August 2010

APPLICANT In person LEGAL REPRESENTATIVES: RESPONDENT Mr J Maston SOLICITOR Marsdens Law Group

JUDGMENT: THE LAND AND ENVIRONMENT COURT OF NEW SOUTH WALES

Pain J

6 August 2010

40601 of 2010 Jacobs v Hurstville City Council

EX TEMPORE JUDGMENT 1 Her Honour: This is an urgent interlocutory application coming before me as duty judge. I have before me a summons filed by Mr Jacobs who is representing himself. The Respondent is named as Hurstville City Council (the Council). In terms of the relief claimed the summons seeks an injunction against the Council's decision to demolish Mortdale Masonic Temple Woronora Lodge (the building), located at Cook Street, Mortdale. It seeks other orders including that the injunction is to stand pending the seeking of a ministerial order and/or an appeal is filed in the appropriate court. Today the Court is asked to consider whether it should, on Mr Jacobs' application, issue an urgent interlocutory injunction which would prevent the Council from demolishing the building.