Local Democracy Matters Incorporated; Waverley Council v Infrastructure NSW [2019] NSWLEC 18

Land and Environment Court New South Wales

Medium Neutral Citation: Local Democracy Matters Incorporated; Waverley Council v Infrastructure NSW [2019] NSWLEC 18 Hearing dates: 25 February 2019 Date of orders: 26 February 2019 Decision date: 26 February 2019 Jurisdiction: Class 4 Before: Pain J Decision: (1) Lendlease is restrained by itself, its servants or agents, from carrying out demolition pursuant to the ministerial consent SSD9249 (the consent) dated 6 December 2018 other than demolition soft strip as defined in the consent until 5pm Friday 8 March 2019 or until further court order.

(2) These orders must be served by 11am today on Lendlease's solicitors by email and on Lendlease's email as contained in the Notices to the contractor at Angus.Morten@lendlease.com. Catchwords: PRACTICE AND PROCEDURE – grant of interlocutory injunction Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007 r 4.2 Uniform Civil Procedure Rules 2005 r 59 Cases Cited: Castlemaine Tooheys Ltd v State of South Australia (1986) 161 CLR 148 Lester v Ashton Coal Pty Ltd (No 2) 193 LGERA 293 Tegra (NSW) Pty Ltd v Gundagi Shire Council and Anor [2007] NSWLEC 806 Category: Procedural and other rulings Parties: Matter No 19/39988 Local Democracy Matters Incorporated (INC 1700616) (Applicant) Infrastructure NSW (First Respondent) Sydney Cricket and Sports Ground Trust (Second Respondent) Minister for Planning (Third Respondent) Lendlease Building Pty Ltd (Fourth Respondent)