Kogarah City Council v Armstrong Alliance Pty Ltd [2011] NSWLEC 260

Land and Environment Court New South Wales

Medium Neutral Citation: Kogarah City Council v Armstrong Alliance Pty Ltd [2011] NSWLEC 260 Hearing dates: 23 December 2011 Decision date: 23 December 2011 Jurisdiction: Class 4 Before: Preston CJ Decision: The Court: 1. Notes the undertaking of the respondent, by its solicitor, that it will immediately cease all construction works at Lot 36 DP 4724 being 19 Elizabeth Street, Allawah that are associated with the construction of a residential flat building. 2. Lists the proceedings for directions before the List Judge on Friday, 3 February 2012. 3. Orders the Council to pay the respondent's costs of today's application for interlocutory injunctive relief. 4. Grants the parties liberty to apply on 24 hours' notice. Catchwords: INTERLOCUTORY APPLICATION - civil enforcement proceedings for declaratory and injunctive relief that development otherwise than in accordance with development consent - application for interlocutory injunction to restrain carrying out of development - existing s 121B order already restraining respondent from carrying out development - application for interlocutory injunction unnecessary because of existing s 121B order - no actual or threatened breach of s 121B order - costs of interlocutory application - council ordered to pay respondent's costs Legislation Cited: Environmental Planning and Assessment Act 1979 s121B Category: Interlocutory applications Parties: Kogarah City Council (Applicant) Armstrong Alliance Pty Ltd (Respondent) Representation: Mr S N Griffiths (Solicitor) (Applicant) Mr M Ayache (Solicitor) (Respondent) Pikes Lawyers (Applicant) One Group Legal (Respondent) File Number(s): 41242 of 2011