Armidale Dumaresq Council v Post [2012] NSWLEC 54

Land and Environment Court New South Wales

Medium Neutral Citation: Armidale Dumaresq Council v Post [2012] NSWLEC 54 Decision date: 20 March 2012 Jurisdiction: Class 4 Before: Pepper J Decision: The orders of the Court are: (1) by consent, the respondent, his servants and agents, is restrained from accessing 45 Gentles Road, Armidale, being Lot 61 DP 755808 ("the property"), by motor vehicle or motor cycle via any road and/or driveway passing through, alongside or running off, the roadway or driveway connecting the properties know as 53, 53A, 53B and 53C, The Avenue, Armidale; (2) by consent, the respondent, his servants and agents, is restrained from accessing the property by motor vehicle or motor cycle on any road or driveway that has not been approved by the applicant and constructed in accordance with a development application approved by the applicant; (3) by consent, orders 1 and 2 above are suspended from operation for a period of 6 months from the date of these orders; (4) the respondent is to pay the applicant's costs of the proceedings; (5)the exhibits are to be returned; and (6)liberty to restore on three days notice. Catchwords: INJUNCTIONS: respondent restrained from unlawful use of right of way - Impecuniosity of respondent irrelevant to making of costs order Legislation Cited: Environmental Planning and Assessment Act 1979, s 121B Cases Cited: Kennedy v NSW Minister for Planning [2010] NSWLEC 269 Category: Principal judgment Parties: Armidale Dumaresq Council (Applicant) Mr Roger Post (Respondent) Representation: Mr C S Leahy (Solicitor) (Applicant) N/A (Respondent) Liston and Clifton Solicitors (Applicant) N/A (Respondent) File Number(s): 41127 of 2011