Council of the City of Sydney v Carnegie [2014] NSWLEC 29

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Carnegie [2014] NSWLEC 29 Hearing dates: 18 March 2014 Decision date: 18 March 2014 Before: Craig J Decision: (1)Upon the Applicant undertaking to file by 12.00 noon on 19 March 2014 a summons commencing proceedings, order that until 5.00pm on Thursday 20 March 2014 the Respondent, by himself, his servants, agents and contractors be restrained from removing pews presently stored in the building known as the First Church of Christ Scientist at 262-270 Liverpool Street Darlinghurst. (2)Direct that the Applicant serve upon the Respondent its points of claim and supporting evidence by 4.30pm on Wednesday 19 March 2014. (3)Direct that the Respondent serve his points of defence and outline statements of evidence by 12.00noon on Thursday 20 March 2014. (4)Stand over the proceedings for hearing on an interlocutory basis, unless otherwise agreed between the parties, to 2.00pm on Thursday 20 March 2014. (5)Costs reserved. Catchwords: INTERLOCUTORY ORDERS - application for ex parte injunction - alleged breach of a condition of development consent - s 123 of Environmental Planning and Assessment Act 1979 (NSW) - heritage building - removal of pews from building - pews required by condition to be stored in building - whether serious question to be tried - balance of convenience - interim injunction granted Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) South Sydney Local Environmental Plan 1998 Sydney Local Environmental Plan 2012 Cases Cited: Bates Smart Pty Ltd v Council of the City of Sydney [2014] NSWLEC 1001 Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806; 160 LGERA 1 Category: Interlocutory applications Parties: Council of the City of Sydney (Applicant) Mark Howard Carnegie (Respondent) Representation: A Hawkes (solicitor) (Applicant) D Slimnicanovski (solicitor) (Respondent) Legal and Governance Department, Council of the City of Sydney (Applicant) Gadens Lawyers (Respondent) File Number(s): 40164 of 2014