The Court refused an interlocutory injunction sought by an adjoining landowner to restrain Council stormwater works on Council-owned land, finding no serious question to be tried where the applicant failed to identify any legal basis for challenging the development consent, the three-month time limit for judicial review had likely expired, the arborist evidence showed no impact on tree protection zones except for one tree with protective measures in place, no undertaking as to damages was offered, and there was substantial delay in commencing proceedings. The Court confirmed that mere reference to an alleged breach of Australian Standards without providing the standard or articulating a legal ground does not give rise to a justiciable issue, and that speculation about future development by future lot owners provides no basis for injunctive relief.
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