Waverley Council v Refkin Pty Ltd [2000] NSWSC 242

New South Wales Supreme Court

CITATION : Waverley Council v Refkin Pty Ltd [2000] NSWSC 242 CURRENT JURISDICTION: Equity Division FILE NUMBER(S) : SC 1359/2000 HEARING DATE(S) : 09/03/2000 JUDGMENT DATE : 9 March 2000

PARTIES : Waverley Council (P) Refkin Pty Limited (D) JUDGMENT OF : Young J

COUNSEL : M B Evans (P) V R W Gray (D) SOLICITORS : M E McMahon & Associates (P) Gye Associates Lawyers (D) CATCHWORDS : Local Government [244]- Consent validity- Low cost housing- Supreme Court normally follow Land and Environment Court on these issues. - Local Government [275]- Supreme Court- Challenge to jurisdiction- Mareva injunction application- Plaintiff objects to court considering basic issues- Proceedings dismissed. LEGISLATION CITED : Environmental Planning and Assessment Act 1979, ss 94, 101 Land and Environment Court Act 1979, s 71 CASES CITED : Meriton Apartments Pty Ltd v Minister for Urban Affairs and Planning (NSWLEC 20) DECISION : Proceedings dismissed.

THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION YOUNG J THURSDAY 9 MARCH 2000

1359/00 - WAVERLEY COUNCIL V REFKIN PTY LTD

JUDGMENT 1 HIS HONOUR: The plaintiff Council sues in this court for a Mareva injunction to prevent a builder selling the last unit in a development that could meet a condition in the development application that it be dedicated for low cost housing. 2 The matter came before me last week. It ran into difficulties and was adjourned until today. Today Mr M Evans for the plaintiff, submitted that this court had no jurisdiction to decide the basic issues that arise, and that I should adjourn it until those issues had been considered by the Land and Environment Court. 3 Essentially, the facts are that the defendant for whom Mr V Gray of counsel appears, obtained a development consent from the plaintiff and from the Land and Environment Court on appeal. One of the purported conditions of the consent was:-