NSW Caselaw
New South Wales Supreme Court
CITATION : Groeneveld v Wollongong City Council [2009] NSWSC 752 This decision has been amended. Please see the end of the judgment for a list of the amendments.
HEARING DATE(S) : 25 May 2009
JUDGMENT DATE : 23 June 2009
JURISDICTION : Equity
JUDGMENT OF : Slattery J at 1
EX TEMPORE JUDGMENT DATE : 23 June 2009
DECISION : I dismiss the plaintiff's claim and decline to grant the relief sought. Costs are reserved.
CATCHWORDS : LOCAL GOVERNMENT - Injunction to prevent the closure and sale of a portion of a public road - Loss of access to rear of property for plaintiff - Plaintiff's right of access to public road defined by Roads Act - Plaintiff has statutory entitlement under s 36 Roads Act to make submissions to Minister regarding road closure - Injunction not granted - No basis for a grant of final relief demonstrated - No utility in injunction sought
LEGISLATION CITED : Roads Act 1993
CATEGORY : Principal judgment
CASES CITED : New South Wales Trotting Club Limited v The Council for the Municipality of Glebe (1937) 37 SR (NSW) 288 Roberts v Gilgandra Shire Council [2008] NSWSC 1244
PARTIES : John Groeneveld (Plaintiff) Wollongong City Council (Defendant)
FILE NUMBER(S) : SC 1456/09
COUNSEL : Mr John Groeneveld (Self Represented Plaintiff) Mr F Berglund (Defendant)
SOLICITORS : Mr John Groeneveld (Self Represented Plaintiff) Kells The Lawyers (Defendant)
- 1 - IN THE SUPREME COURT OF NEW SOUTH WALES EQUITY DIVISION
SLATTERY J
Tuesday 23 June 2009
1456/09 Groeneveld v Wollongong City Council JUDGMENT
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