CIVIL PROCEDURE — ex parte interlocutory injunction granted
Quick Take
1A serious question to be tried was established where the development consent had arguably lapsed under s 4.53 of the Environmental Planning and Assessment Act 1979 (NSW) before works commenced, and the balance of convenience favoured restraint given the structure could be completed imminently.
2Ex parte interlocutory relief may be granted notwithstanding the undesirability emphasised in International Finance Trust Co Ltd v New South Wales Crime Commission (2009) 240 CLR 319, where some notice has been given or attempted and the urgency of the circumstances warrants it.
3The usual undertaking as to damages was required as a condition of the grant of ex parte injunctive relief.
Case Details
Citation[2026] NSWLEC 95
CourtNSWLEC
JurisdictionNew South Wales
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