Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77

Land and Environment Court New South Wales

Medium Neutral Citation: Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77 Hearing dates: 11, 13, 17 June 2014 Decision date: 17 June 2014 Jurisdiction: Class 4 Before: Craig J Decision: 1. The Applicant's notice of motion dated 11 June 2014 is dismissed. 2. Stand over the proceedings to the Class 4 List on Friday 20 June 2014 for directions. 3. Exhibits may be returned. Catchwords: INTERLOCUTORY ORDERS - motion for interlocutory injunction - construction certificate for building work not issued - building work undertaken - failure to observe s 81A(2) of Environmental Planning and Assessment Act 1979 (NSW) - breach of s 122 - whether serious question to be tried - balance of convenience - detriment to work force from cessation of work - apart from breach no prejudice demonstrated - not demonstrated that building work does not accord with development consent - demolition of partially constructed buildings not sought - motion dismissed Legislation Cited: Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; 118 CLR 618 Category: Interlocutory applications Parties: Council of the City of Sydney (Applicant) Karimbla Properties (No. 24) Pty Ltd (First respondent) Meriton Apartments Pty Ltd (Second respondent) Representation: P C Tomasetti SC (Applicant) C W McEwen SC with M Staunton (First and Second respondents) Legal Services, Council of the City of Sydney (Applicant) Legal Services, Meriton Group (First and Second respondents) File Number(s): 40402 of 2014