Lane Cove Council v Ross (No 3) [2012] NSWLEC 171

Land and Environment Court New South Wales

Medium Neutral Citation: Lane Cove Council v Ross (No 3) [2012] NSWLEC 171 Hearing dates: 24 July 2012 Decision date: 24 July 2012 Jurisdiction: Class 4 Before: Pepper J Decision: See [17]. Catchwords: INTERLOCUTORY ORDERS - building works in breach of development consent - interim injunction previously granted - no appearance by respondent - application to extend injunction heard on ex parte basis -application granted and consequential orders made. Cases Cited: Lane Cove Council v Ross [2012] NSWLEC 153 Lane Cove Council v Ross (No 2) [2012] NSWLEC 160 Category: Interlocutory applications Parties: Lane Cove Council (Applicant) Mr Raymond Ross (Respondent) Representation: Mr S N Griffiths (Solicitor) (Applicant) No Appearance (Respondent) Pikes Verekers Lawyers (Applicant) No Appearance (Respondent) File Number(s): 40628 of 2012

Ex tempore Judgment

Mr Ross Engages in Unlawful Building Works 1The background to these proceedings is set out both in Lane Cove Council v Ross (No 2) [2012] NSWLEC 160 and Lane Cove Council v Ross [2012] NSWLEC 153. It is relied upon for the purpose of this judgment. 2On 12 July 2011, in Lane Cove Council (No 2), the Court, upon the continuation of the applicant's undertaking, made an order restraining the respondent from carrying out any building work on the second floor level of the premises located at and know as 8 Bayview Street, Northwood, New South Wales, until 4.00 pm 24 July 2012. 3An additional order was made by the Court that any application for an extension of the injunction was to be heard at 10.00 am on 24 July 2012.