Council of the City of Sydney v Oaks Hotels and Resorts (NSW) No.2 Pty Limited (No 2 re Maestri) [2011] NSWLEC 235

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Oaks Hotels and Resorts (NSW) No.2 Pty Limited (No 2 re Maestri) [2011] NSWLEC 235 Hearing dates: 20 May 2011 Decision date: 07 December 2011 Jurisdiction: Class 4 Before: Sheahan J Decision: 1. The respondent (by itself or its agent) is restrained from 1 January 2012 from using the premises situated at and known as 'Oaks Maestri Towers', 298-304 Sussex Street, Sydney NSW ('the Premises') for the purposes of 'serviced apartments' ('the said Purpose') unless and until development consent for such use is granted pursuant to the EPA Act and such consent is in force. 2. The respondent (by itself or its agent) is restrained forthwith from: (a) advertising or holding out the Premises or any part of them as available for the said Purpose; and (b) (leasing or licensing the Premises or any part of them for the said Purpose unless and until development consent for such use is granted pursuant to the EPA Act and such consent is in force. 3. The respondent pay the applicant's costs of these proceedings as agreed or assessed. 4. The applicant has liberty to apply on three days notice. Catchwords: INJUNCTIONS & DECLARATIONS: Final orders in class 4 proceedings after resolution of related class 1 proceedings; possible effect on non-parties against whom orders were not sought; principles of joinder; costs Legislation Cited: Civil Procedure Act 2005 Environmental Planning and Assessment Act 1979 Residential Tenancies Act 2010 Uniform Civil Procedure Rules 2005 Cases Cited: Ashfield Municipal Council v Andrews (1986) 60 LGERA 248 Council of the City of Sydney v Oaks Hotels and Resorts (NSW) No.2 Pty Limited (No 2 re Harmony) NSWLEC 234 Council of the City of Sydney v Oaks Hotels and Resorts (NSW) No.2 Pty Ltd [2010] NSWLEC 181 Council of the City of Sydney v Oaks Hotels & Resorts (NSW) No.2 Pty Ltd [2010] NSWLEC 182 CTI Joint Venture Company Pty Ltd v CRI Chatswood Pty Ltd (in Liq) (No 2) [2011] NSWLEC 91 Holroyd City Council v Murdoch (1994) 82 LGERA 197 Minister Administering the Crown Lands Act v New South Wales Aboriginal Land Council (No 2) (1997) 96 LGERA 254 News Limited & Ors v Australian Rugby Football League Limited & Ors (1996) 64 FCR 410 North Sydney Council v Ligon 302 Pty Ltd [1996] HCA 20; (1996) 185 CLR 470 Oaks Hotels & Resorts (NSW) No. 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1049 Oaks Hotels and Resorts (NSW) No 2 Pty Ltd v The Council of the City of Sydney [2011] NSWLEC 1054 Pegang Mining Co Limited v Choong Sam [1969] 2 MLJ 52 State of Victoria v Sutton [1998] HCA 56; (1998) 195 CLR 291 Walker v Commonwealth Trading Bank of Australia (1985) 3 NSWLR 496 Wilkie v Blacktown City Council & 3 Ors [2002] NSWCA 284; (2002) 121 LGERA 444 Category: Consequential orders Parties: Council of the City of Sydney (Applicant) Oaks Hotels & Resorts (NSW) No.2 Pty Ltd (Respondent) Representation: Mr M Baird (Applicant) Mr T Hale SC (Respondent) Council of the City of Sydney (Applicant) Minter Ellison (Respondent) File Number(s): 40515 of 2009