The Hills Shire Council v Needham [2017] NSWLEC 180

Land and Environment Court New South Wales

Medium Neutral Citation: The Hills Shire Council v Needham [2017] NSWLEC 180 Hearing dates: 14 December 2017 Date of orders: 15 December 2017 Decision date: 15 December 2017 Jurisdiction: Class 4 Before: Moore J Decision: See orders at [16] Catchwords: INTERLOCUTORY INJUNCTION – Council makes application seeking permanent orders preventing Respondent from using premises for a prohibited purpose – Respondent uses premises for the prohibited purpose after application made to the Court but prior to final hearing – Council makes application seeking interim injunction preventing Respondent from using premises for the prohibited purpose – adequate evidence from Council to establish use for a prohibited purpose – no "usual undertaking" given by Council – Council public body acting in the public interest – undertaking not required – appropriate basis to make interim injunction – interim injunction restraining the Respondent from using premises for the prohibited purpose – interim injunction to expire at 5pm on first day of final hearing or further order of the Court – costs of interlocutory application reserved Legislation Cited: The Hills Local Environmental Plan 2012 Cases Cited: Wilkie v Blacktown City Council & 3 Ors (2002) 121 LGERA 444; [2002] NSWCA 284 Category: Procedural and other rulings Parties: The Hills Shire Council (Applicant) Norma Bianca Marie Needham (Respondent) Representation: Counsel: Mr M Wright SC (Applicant) Mr M Mantei, solicitor (Respondent)

Solicitors: Marsdens Law Group (Applicant) Planning Law Solutions (Respondent) File Number(s): 162057 of 2017 Publication restriction: No