Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd (No. 3) [2019] NSWLEC 142

Land and Environment Court New South Wales

Medium Neutral Citation: Omaya Investments Pty Ltd v Dean Street Holdings Pty Ltd (No. 3) [2019] NSWLEC 142 Hearing dates: 27 September 2019 Date of orders: 27 September 2019 Decision date: 27 September 2019 Jurisdiction: Class 4 Before: Duggan J Decision: See paragraphs [28] and [29] Catchwords: ENVIRONMENT AND PLANNING – Land and Environment Court – jurisdiction and powers – discretionary powers – adjournment – injunction – release from undertakings – change of solicitors – dictates of justice – interlocutory relief – costs Legislation Cited: Civil Procedure Act 2005 (NSW) Environmental Planning and Assessment Act 1979 (NSW) Cases Cited: ANZ v Mio Amico Pty Ltd [2013] NSWSC 716 Hayward v Sydney Water Corporation [2019] NSWLEC 87 Kenoss Pty Ltd v Palerang Council [2013] NSWCA 174 UTSG Pty Ltd v Sydney Metro (No 5) [2019] NSWLEC 107 Category: Procedural and other rulings Parties: Omaya Investments Pty Ltd (Applicant) Dean Street Holdings Pty Ltd (First Respondent) TQM Design and Construct Pty Ltd (Second Respondent) Patrick John Elias (Third Respondent) Maurice Freixas (Fourth Respondent) Burwood Council (Fifth Respondent) Representation: Counsel: V Pannicker (Solicitor for the Applicant) C Leggat SC and L Nurpuri (First to Third Respondents) Submitting Appearance (Fourth Respondent) R White (Fifth Respondent)