HOLROYD CITY COUNCIL v. JOHN SAHYOUN No. 40177 of 1995 [1995] NSWLEC 9 (2 February 1995) [1995] NSWLEC 1

Land and Environment Court of New South Wales

CITATION : HOLROYD CITY COUNCIL v. JOHN SAHYOUN No. 40177 of 1995 [1995] NSWLEC 9 (2 February 1995) [1995] NSWLEC 1 PARTIES : HOLROYD CITY COUNCIL v. JOHN SAHYOUN FILE NUMBER(S) : 40177 of 1995 CORAM: Bignold J :- Class 4 proceedings claiming interlocutory and permanent injunctions. KEY ISSUES: Council successful in obtaining mandatory order in interlocutory proceedings and in accepting Respondent's undertakings in lieu of prohibitory injunction. Outstanding question of costs. Held: Council entitled to its costs as the successful party except for costs unnecessarily incurred LEGISLATION CITED: CASES CITED: DATES OF HEARING: 1 February 1995 DATE OF JUDGMENT: 02/02/1995

Mrs J. Kelly (Barrister) LEGAL REPRESENTATIVES: First and Second Respondents Dr S. C. Churches (Barrister)

JUDGMENT:

Bignold J: These are class 4 proceedings commenced by the Council on 3 October 1995 when it obtained ex parte mandatory and prohibitory injunctions against the Respondents in respect of activities undertaken on a development project at premises known as Nos 36-40 Newman Street, Merrylands, in which the only outstanding issue is a question concerning certain costs incurred in the proceedings, which were effectively concluded on 7 November 1995 when the Applicant accepted certain undertakings offered by the Respondents in lieu of the permanent prohibitory injunction claimed in the originating process. In addition to these undertakings, the Applicant had also been successful in obtaining the mandatory order against the Respondents made by me on 4 October 1995 .