Burrell v Mullin [2018] NSWLEC 165

Land and Environment Court New South Wales

Medium Neutral Citation: Burrell v Mullin [2018] NSWLEC 165 Hearing dates: 23 and 24 October 2018 Date of orders: 24 October 2018 Decision date: 24 October 2018 Jurisdiction: Class 4 Before: Pepper J Decision: See orders at [59]. Catchwords: INTERLOCUTORY APPLICATION: application to restrain building and construction works below residential and commercial premises – serious issues to be tried in relation to the validity of a complying development certificate issued by a private certifier – balance of convenience in favour of granting interim injunctive relief – expedited final hearing ordered. Legislation Cited: Environmental Planning and Assessment Act 1979, Divs 4.3, 4.5, ss 1.6, 4.2, 4.5, 4.26, 4.31, 4.65, 4.69 Kogarah Local Environmental Plan 2012, cl 16, Sch 1 State Environmental Planning Policy (Exempt and Complying Development Codes) 2008, Pt 5, cls 1.15, 1.17, 1.18, 2.51, 5.4 Cases Cited: Bankstown City Council v Ramahi (No 2) [2016] NSWLEC 34; (2016) 216 LGERA 385 Shoalhaven City Council v Bridgewater Investments Pty Ltd [2010] NSWLEC 103 Tegra (NSW) Pty Ltd v Gundagai Shire Council [2007] NSWLEC 806; (2007) 160 LGERA 1 Texts Cited: Category: Procedural and other rulings Parties: John Llewellyn Burrell (First Applicant) Van Minh Lam (Second Applicant) My Hua Lam (Third Applicant) Alex Mullin (First Respondent) Max Eddine (Second Respondent) Concrete Jungle Holdings Pty Ltd (Third Respondent) Jeffrey Stack (Fourth Respondent) Representation: Counsel: Mr J Lazarus with Mr D Robertson (First to Third Applicants) Mr Dean Morton (Representative) (First Respondent) N/A (Second Respondent) N/A (Third Respondent) Submitting Appearance (Fourth Respondent)