NSW Caselaw
Land and Environment Court of New South Wales
CITATION : Byron Shire Council v Vaughan, Vaughan v Byron Shire Council [2009] NSWLEC 88
APPLICANT (40344 of 2009) PARTIES : Byron Shire Council RESPONDENTS (40344 of 2009) Mr and Mrs Vaughan
FILE NUMBER(S) : 40342 of 2009, 40344 of 2009
CORAM: Pain J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- exercise of discretion to issue interlocutory injunction restraining work on public and private land
Byron Shire Council Development Control Plan No 16 – Exempt and Complying Development Conveyancing Act 1919 s 177(8) LEGISLATION CITED: Environmental Planning and Assessment Act 1979 s 124 Roads Act 1993 State Emergency and Rescue Management Act 1989 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008
CASES CITED: Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Coco v The Queen (1994) 179 CLR 427
27 May 2009 DATES OF HEARING: 28 May 2009 29 May 2009
EX TEMPORE JUDGMENT DATE : 29 May 2009
APPLICANT (40344 of 2009) Mr I Hemmings (27 May 2009) Mr J Robertson SC with Mr J Lazarus (28 May 2009, 29 May 2009) SOLICITORS LEGAL REPRESENTATIVES: HWL Ebsworth
RESPONDENTS (40344 of 2009) Mr A Galsso SC SOLICITOR Mallesons Stephen Jaques
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