Bonnici & Anor v Ku-ring-gai Municipal Council [2001] NSWSC 1190

New South Wales Supreme Court

CITATION : Bonnici & Anor v Ku-ring-gai Municipal Council [2001] NSWSC 1190 CURRENT JURISDICTION: Common Law Division FILE NUMBER(S) : SC 13609/85 19 June 2001 21 June 2001 26 - 29 June 2001 HEARING DATE(S) : 2 - 5 July 2001 6 - 8 August 2001 10 August 2001 12 December 2001 19 December 2001 JUDGMENT DATE : 21 December 2001

Joseph Anthony Bonnici PARTIES : Sheryll Ann Bonnici Ku-ring-gai Municipal Council JUDGMENT OF : Sperling J at 1

COUNSEL : Mr P Tomasetti for the Plaintiffs Dr G Flick SC with Mr A Pickles for the Defendant SOLICITORS : Hunter Lawyers for the Plaintiffs Abbott Tout Solicitors for the Defendant CATCHWORDS : Nuisance - form of injunction - no other question of principle LEGISLATION CITED : Supreme Court Rules, Pt 51 r 15 Curro v Beyond Productions Pty Ltd (1993) 30 NSWLR 337 CASES CITED : Kennard v Cory Brothers & Co. Ltd [1922] 1 Ch 265 Malliate v Sharpe [2001] NSWSC 1057 DECISION : See paragraph 26 of the judgment.

- 8 - IN THE SUPREME COURT OF NEW SOUTH WALES COMMON LAW DIVISION

Sperling J

Friday, 21 December 2001

13609/85 Bonnici & Anor v Ku-ring-gai Municipal Council

Judgment 1 His Honour: I refer to my judgment published on 12 December 2001. Paragraph numbers below relate to that judgment. 2 On 19 December 2001, counsel attended to speak to a minute of orders drafted by the plaintiffs' counsel. I have now marked that minute 12 for identification, and it will be placed with the papers.