Seven Network Ltd v QIC Pty Ltd [2012] NSWLEC 201

Land and Environment Court New South Wales

Medium Neutral Citation: Seven Network Ltd v QIC Pty Ltd [2012] NSWLEC 201 Hearing dates: 24 August 2012 Decision date: 24 August 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. Upon the applicant, by its counsel, giving the usual undertaking as to damages the respondents by themselves, their employees, agents, contractors and sub-contractors be restrained until 12.00 noon on Monday 27 August 2012 from carrying out development at or in proximity to the building known as 52 Martin Place, Sydney, being that development comprising works proposed to be carried out between 9.00am and 2.00pm on 25 and 26 August 2012 and being the works described as "NOISY WORKS" in the Schedule of Works provided by Gillian McAllister to David Porter on Thursday 23 August 2012 a copy of which Schedule is attachment A to these orders but confined to such works as are to be carried out in areas 5 and 9 identified on the plan that is attachment B to these orders. 2. Order that service of these orders upon the second respondent be effected by: (a) telephone notification from the solicitor for the applicant to the solicitor acting for the second respondent said to be engaged in the firm of Gadens Solicitors, Sydney, such notification to be given by 9.30pm tonight. (b) telephone notification from the solicitor for the applicant to John Amos, site manager for the second respondent on mobile telephone number 0401691330, that notification to be given by 10.30pm tonight. (c) by emailing a copy of this order to John Amos at email address johnamos@built.com.au by 10.30pm tonight. 3. Stand over the applicant's notice of motion to 10.00am on Monday 27 August 2012. 4. Costs reserved. Catchwords: INTERLOCUTORY ORDERS - application for urgent injunction to restrain noisy building work - whether temporary injunction should be granted - serious question to be tried - alleged breach of development consent - balance of convenience - undertaking as to damages given - interim injunction granted Legislation Cited: Environmental Planning and Assessment Act 1979 Cases Cited: Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 Donnelly v Amalgamated Television Services Pty Ltd (1998) 45 NSWLR 570 International Finance Trust Co Ltd v NSW Crime Commission [2009] HCA 49; (2009) 240 CLR 319 Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806; (2007) 160 LGERA 1 Category: Interlocutory applications Parties: Seven Network Ltd (Applicant) QIC Pty Ltd (First respondent) Built NSW Pty Ltd (Second respondent) Representation: C W McEwen SC with M A Staunton (Applicant) L V Gyles SC (First respondent) No appearance (Second respondent) Addisons Lawyers (Applicant) Henry Davis York Lawyers (First respondent) No appearance (Second respondent) File Number(s): 40873 of 2012