Marrickville Council v Mytka [2012] NSWLEC 244

Land and Environment Court New South Wales

Medium Neutral Citation: Marrickville Council v Mytka [2012] NSWLEC 244 Hearing dates: 30 October 2012 Decision date: 30 October 2012 Jurisdiction: Class 4 Before: Craig J Decision: 1. Until further order, each of Mathew Mytka, 4Sight Creative Labs Pty Ltd and Jules Maher, by themselves, their servants and agents, are restrained from using, causing or permitting the use of the whole or any part of the premises situated at and known as 12 Chalder Street, Marrickville for the purpose of an entertainment venue, including a venue at which either live or recorded music is performed or provided and at which beverages are sold to those attending the premises. 2. Direct that the first, second and third respondents file and serve any evidence upon which they propose to rely by 4.00pm on Thursday 15 November 2012. 3. Stand over the proceedings to Friday 23 November 2012 for further directions and to fix a date for hearing. 4. Note that the only issue remaining for determination relates to the residential use of the premises at 12 Chalder Street, Marrickville. 5. Costs reserved. 6. Liberty to apply on two working days' notice. Catchwords: INTERLOCUTORY ORDERS - application for urgent injunction to restrain use of warehouse building as entertainment facility - whether temporary injunction should be granted - serious question to be tried - alleged use of premises required development consent under Marrickville Local Environmental Plan 2011 - development consent for alleged use not granted - balance of convenience - evidence of alleged use continuing despite issue of emergency order - interlocutory injunction granted Legislation Cited: Environmental Planning and Assessment Act 1979 Category: Interlocutory applications Parties: Marrickville Council (Applicant) Mathew Mytka (First respondent) 4Sight Creative Labs Pty Ltd (Second respondent) Jules Maher (Third respondent) Harry Souris Holdings Pty Ltd (Fourth respondent) Representation: M Arch (solicitor) (Applicant) N/a (Respondents) Concordia Pacific (Applicant) Self represented (First respondent) Self represented (Second respondent) Self represented (Third respondent) No appearance (Fourth respondent) File Number(s): 41088 of 2012