Holyroyd Municipal Council v Pace & Ors [1988] NSWLEC 143

Land and Environment Court of New South Wales

CITATION : Holyroyd Municipal Council v Pace & Ors [1988] NSWLEC 143 APPLICANT Holyroyd Municipal Council PARTIES : RESPONDENT Mr and Mrs Pace, Silsop Pty. Ltd FILE NUMBER(S) : 40224 of 1987 CORAM: Holland J KEY ISSUES: :- LEGISLATION CITED: Environmental Planning And Assessment Act 1979 Holyroyd Local Environmental Plan 1985 Warringah Shire Council v. Sedevcic (1987) ; Trading Pty. Limited v. Fat-Sel Pty. Limited (1987) ; Municipality of Holroyd v. Mennon (1981); CASES CITED: North Sydney Municipal Council v. Ekstein (1985) ; North Sydney Municipal Council v. Clarke & Walker (1986); Holroyd Municipal Council v. Attard (1988); North Sydney Municipal Council v. J.F. McLean Investments Pty. Limited (1987) DATES OF HEARING: DATE OF JUDGMENT: 10/31/1988

APPLICANT Mr Myer LEGAL REPRESENTATIVES: RESPONDENT Mr Lothian

JUDGMENT:

HIS HONOUR: The Council of the Municipality of Holyroyd seeks injunctions to restrain the respondents, Mr. & Mrs. Pace and their family company, Silsop Pty. Limited, from using for purposes not permitted by the Holyroyd Planning Scheme Ordinance (P.S.O.) two pieces of land in the Municipality.

The first is an allotment at 34-36 Paton Street, Merrylands, on which stands a residence in which Mr. & Mrs. Pace and their three sons live. Mr. & Mrs. Pace are the shareholders and directors of Silsop Pty. Limited through which company they conduct a heavy haulage contracting business under the name "V. and K. Pace Haulage Contractors". Part of the residence is used as an office for the business and the business is conducted by Mr. & Mrs. Pace on and from the premises.