Blacktown City Council v Saker (No 2) [2018] NSWLEC 71

Land and Environment Court New South Wales

Medium Neutral Citation: Blacktown City Council v Saker (No 2) [2018] NSWLEC 71 Hearing dates: 28 February and 15 March 2018 Date of orders: 10 May 2018 Decision date: 10 May 2018 Jurisdiction: Class 4 Before: Molesworth AJ Decision: See orders at [126]-[127] Catchwords: CIVIL ENFORCEMENT - action to restrain unlawful depositing of fill material and earthworks, and to require their removal and remediation of site - such development prohibited or permissible only with development consent which had not been obtained – orders under the then s 121B of the Environmental Planning and Assessment Act 1979 to cease development – failure to comply with orders – matter heard ex parte – respondent an undischarged bankrupt – declaratory and injunctive relief sought – relief granted – indemnity costs ordered Legislation Cited: Blacktown Local Environmental Plan 2015 Environmental Planning and Assessment Act 1979 ss 76B (now 4.3), 121B, 124 (now 9.46) Bankruptcy Act 1966 (Cth) ss 58, 82 Cases Cited: Adams v Fairfield City Council [2010] NSWLEC 81 Ainger v Coffs Harbour City Council (No 2) [2007] NSWCA 212 Blacktown City Council v Saker and Ors [2017] NSWLEC 46 Canterbury City Council v RTA (No 2) [2004] NSWLEC 536 Foots v Southern Cross Mine Management Pty Ltd [2007] HCA 56 Great Lakes Council v Lani [2007] NSWLEC 681; (2007) 158 LGERA 1 Hill Top Residents Action Group Inc v Minister Administering the Sporting Venues Authorities Act 2008 (No 4) [2011] NSWLEC 6 Horseshoe Pastoral Co Pty Ltd v Murray Smith trading as South Coast Tile and Slate Co [1995] NSWCA 200 Lake Macquarie City Council v Australian Native Landscapes Pty Ltd (No 2) [2015] NSWLEC 114 Liverpool City Council v Tirnova [2017] NSWLEC 138 Marshall Rural Pty Ltd v Basscave Pty Ltd (No 3) [2018] NSWLEC 62 Maule v Liporoni (No 2) [2002] NSWLEC 140 Ostrowski v Palmer (2004) 218 CLR 493, [2004] HCA 30 Rosniak v Government Insurance Office (1997) 41 NSWLR 608 Ross v Lane Cove Council [2014] NSWCA 50; (2014) 86 NSWLR 34 Wilkie v Blacktown City Council [2002] NSWCA 284 Category: Principal judgment Parties: Blacktown City Council (Applicant) Jason Gabriel Saker (First Respondent) Sam Saker (Second Respondent) State of New South Wales (Fourth Respondent) Representation: Counsel: Mr Christopher Norton (Applicant) No appearance (First Respondent) Submitting appearance (Second Respondent) Submitting appearance (Fourth Respondent)