NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Byron Shire Council v Vaughan; Vaughan v Byron Shire Council (No 2) [2009] NSWLEC 110
40344 of 2009 APPLICANT: Byron Shire Council
RESPONDENTS John and Anne Vaughan PARTIES : 40342 of 2009 APPLICANTS John and Anne Vaughan
RESPONDENT Byron Shire Council
FILE NUMBER(S) : 40344; 40342 of 2009
CORAM: Biscoe J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- Interlocutory injunction – identical interlocutory injunction made in two different proceedings against the respondents in one proceeding who were the applicants in the other proceeding – subsequent consent order varying the injunction in the first proceeding but not the second proceeding – whether injunction should be discharged in the second proceeding.
LEGISLATION CITED: Civil Procedure Act 2005, ss 149A - 149E Civil Procedure Amendment (Transfer of Proceedings) Act 2009
CASES CITED: Byron Shire Council v Vaughan; Vaughan v Byron Shire Council [2009] NSWLEC 88
DATES OF HEARING: 30 June 2009
DATE OF JUDGMENT: 30 June 2009
APPLICANT (40344 of 2009): Ms K Gerathy, solicitor SOLICITORS HWL Ebsworth LEGAL REPRESENTATIVES: RESPONDENTS (40344 of 2009): Ms A Kempton, solicitor SOLICITORS Mallesons Stephen Jaques
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