Blacktown City Council v Saker and Ors [2017] NSWLEC 46

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Saker and Ors [2017] NSWLEC 46 Hearing dates: 31 March 2017 Date of orders: 31 March 2017 Decision date: 31 March 2017 Jurisdiction: Class 4 Before: Preston CJ Decision: Directions as at [24] Catchwords: INTERIM INJUNCTION – interim injunction granted ex parte to restrain alleged breaches of Environmental Planning and Assessment Act 1979 (the Act) – whether interim injunction should be maintained or discharged – development of receiving of fill material and carrying out earthworks – orders under s 121B of the Act to cease development – failure to comply with orders – carrying out of such development prohibited on land in relevant zone – prejudice to public interest and environment if interim injunction not continued – no prejudice to respondent carrying out development if restrained – respondent already restrained by interlocutory injunction granted by Federal Circuit Court – interim injunction maintained – case management directions made Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 ss 76B, 121B Cases Cited: Tegra (NSW) Pty Ltd v Gundagai Shire Council (2007) 160 LGERA 1; [2007] NSWLEC 806 Category: Principal judgment Parties: Blacktown City Council (Applicant) Jason Gabriel Saker (First Respondent) Sam Saker (Second Respondent) Bruce Gleeson (as trustee of the property of Jason Gabriel Saker, a bankrupt) (Third Respondent) Representation: Counsel: Mr C Norton (Applicant)