Zhang v Woodgate [2014] NSWLEC 143

Land and Environment Court New South Wales

Medium Neutral Citation: Zhang v Woodgate [2014] NSWLEC 143 Hearing dates: 8 September 2014 Decision date: 08 September 2014 Jurisdiction: Class 4 Before: Pain J Decision: 1. An interlocutory injunction restraining the First Respondent and/or Second Respondent from purporting to exercise power under s 118BA of the Environmental Planning and Assessment Act 1979 in furtherance of the notice dated 29 August 2014 given by the First Respondent to Richard Ferguson entitled "Notice to Attend a Place to Answer Questions pursuant to s 118BA of the Environmental Planning and Assessment Act 1979 (NSW)", pending final determination of these proceedings. 2. Costs reserved. 3. Matter listed before the List Judge on 12 September 2014. Catchwords: INTERLOCUTORY RELIEF - exercise of discretion to make interlocutory injunction - serious question to be tried of whether statutory notice to attend to answer questions sent to third party after commencement of proceedings valid - balance of convenience favours making of interlocutory injunction Legislation Cited: Environmental Planning and Assessment Act 1979 s 76A, s 118BA Food Act 2003 Land and Environment Court Act 1979 s 20 Cases Cited: Authorised Officer Christine Tumney (NSW Food Authority) v Nutricia Australia Pty Ltd [2007] NSWSC 1215 Australian Securities and Investments Commission v Elm Financial Services Pty Ltd [2004] NSWSC 859; (2004) 186 FLR 295 Castlemaine Tooheys Ltd v South Australia [1986] HCA 58; (1986) 161 CLR 148 Environment Protection Authority v Caltex Refining Co Pty Ltd [1993] HCA 74; (1993) 178 CLR 477 NSW Food Authority v Nutricia Australia Pty Ltd [2008] NSWCCA 252; (2008) 72 NSWLR 456 Texts Cited: Ritchie's Uniform Civil Procedure NSW, LexisNexis, Sydney 2005 to date (loose leaf at Service 87, July 2014) Category: Interlocutory applications Parties: Jian Wen Zhang (Applicant) Matthew Woodgate (First Respondent) Lane Cove Council (Second Respondent) Representation: Mr T Howard SC (Applicant) Mr A Isaacs (First and Second Respondents) Hones La Hood (Applicant) Pikes & Verekers (First and Second Respondents) File Number(s): 40704 of 2014