McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 72

Land and Environment Court New South Wales

Medium Neutral Citation: McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 72 Hearing dates: 27 May 2013 Decision date: 28 May 2013 Jurisdiction: Class 4 Before: Sheahan J Decision: (1)This application for interlocutory relief is dismissed. (2)As the application merely re-agitated the primary arguments disposed of in matter No 40349 on 17 May 2013, Mr McNeill is ordered to pay the defendants' costs of the hearing on 27 May, on a party-party basis, as agreed or assessed. (3)Exhibit P1 before me is retained. (4) The substantive proceedings are to be associated with matter No 40349 of 2013, and listed with it before the List Judge for case management on 31 May 2013. Catchwords: INJUNCTIONS - second attempt to obtain an interlocutory injunction to prevent ongoing building works - still no serious issue to be tried - undertaking as to damages - balance of convenience does not favour grant of injunction - costs of the second interlocutory hearing Legislation Cited: Environmental Planning & Assessment Act 1979 Uniform Civil Procedure Rules 2005 Cases Cited: Castlemaine Tooheys Ltd v State of South Australia [1986] HCA 58; 161 CLR 148 Liverpool Plains Shire Council v Vella [2013] NSWLEC 54 McNeill v Avalon Surf Life Saving Club [2013] NSWLEC 69 Silkstone Pty Ltd v Devreal Capital Pty Ltd (1990) 21 NSWLR 317 Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806, 160 LGERA 1 Warringah Shire Council v Sedevcic (1987) 10 NSWLR 335 Category: Interlocutory applications Parties: Mr J McNeill (Applicant) Avalon Surf Life Saving Club (First Respondent) Pittwater Council (Second Respondent) Representation: Mr J McNeill (in person) Ms C Hopton (Club President - First Respondent) Ms D Townsend (Solicitor - Second Respondent) King & Wood Mallesons (Second Respondent) File Number(s): 40373 of 2013