Ocean Shores Community Association Inc v Byron Shire Council (No 1) [2015] NSWLEC 193

Land and Environment Court New South Wales

Medium Neutral Citation: Ocean Shores Community Association Inc v Byron Shire Council (No 1) [2015] NSWLEC 193 Hearing dates: 09 October 2015 Date of orders: 09 January 2015 Decision date: 09 October 2015 Jurisdiction: Class 4 Before: Pain J Decision: 1. An order that the Applicant has leave to file in Court the Summons. 2. Pending trial or further order, that the First Respondent be restrained from selling, exchanging, or otherwise disposing of any part of Lot 530 DP 238451. 3. An order that, in the first instance, service of this Summons be abridged to 5pm on 9 October 2015. 4. In lieu of personal service pursuant to UCPR r 10.14(1) service on the First Respondent be effected by email to the following addresses council@byron.nsw.gov.au and matt.meir@byron.nsw.gov.au. 5. An order that, in relation to the injunctive relief sought, this Summons be further returnable at 2pm on Monday 12 October 2015. Catchwords: INTERLOCUTORY RELIEF - exercise of discretion to grant interlocutory injunction ex parte Legislation Cited: Administrative Arrangements (Administrative Changes–Ministers and Public Service Agencies) Order 2014 Byron Local Environmental Plan 1998 Byron Local Environmental Plan 2014 (Amendment No 2) Constitution Act 1902, s 50E Local Government Act 1993 Uniform Civil Procedure Rules 2005 Cases Cited: Hill Top Residents Action Group Inc v The Minister Administering the Sporting Venues Authorities Act 2008 (2010) NSWLEC 21 International Finance Trust Company Limited v New South Wales Crime Commission [2009] HCA 49; (2009) 240 CLR 319 Category: Procedural and other rulings Parties: Oceans Shores Community Association Inc (Applicant) Byron Shire Council (First Respondent) Minister Administering the Environmental Planning and Assessment Act 1979 (Second Respondent) Representation: COUNSEL: Ms I King (Applicant)