Walker v Siasat [2013] NSWLEC 123

Land and Environment Court New South Wales

Medium Neutral Citation: Walker v Siasat [2013] NSWLEC 123 Hearing dates: 29 July 2013 Decision date: 29 July 2013 Jurisdiction: Class 4 Before: Pepper J Decision: The Court orders: (1) that the first and second respondents, their servants and agents, are hereby restrained until further order of the Court from carrying out any building works or any other works on the land at 1 Seaview Street, Kiama, in reliance on development consent no 10.2012.222.1 granted on 17 December 2012, by the third respondent; (2) that the matter be listed before the Court on 13 August 2013 for mediation before a Commissioner; (3) that the costs of the notice of motion be reserved; (4) that the Court notes the undertaking as to damages given by the applicant; (5) that the directions hearing on 9 August 2013 before the Court be vacated; and (6) liberty to restore on 48 hours' notice. Catchwords: DECLARATIONS AND INJUNCTIONS: injunction to halt construction work on residential dwelling - construction alleged to impact on views of neighbour - whether a serious question to be tried - whether balance of convenience favours granting of injunction - injunction granted - mediation ordered. Legislation Cited: Kiama Development Control Plan 2012 Cases Cited: Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806; (2007) 160 LGERA 1 Category: Interlocutory applications Parties: Mr Stephen Walker (Applicant) Mr Frederick Siasat (First Respondent) Ms Tennielle Siasat (Second Respondent) Kiama Municipal Council (Third Respondent) Representation: Mr T Cork (Solicitor) (Applicant) Mr M McMahon (Solicitor) (First and Second Respondents) N/A (Third Respondent) McPhee Kelshaw (Applicant) M E McMahon & Associates (First and Second Respondents) N/A (Third Respondent) File Number(s): 40225 of 2013