Anthony Victor Sahade v Mosman Municipal Council

Anthony Victor Sahade (the appellant) appealed to the Land and Environment Court of New South Wales against an injunction granted to Mosman Municipal Council (the respondent). The dispute concerned alleged breaches of development consent and building approval.

The Court was required to determine whether the injunction granted was incapable of performance or uncertain. A further issue arose regarding whether an adverse inference could be drawn against the respondent due to its failure to call evidence.

The Court dismissed the appeal, finding that the injunction was neither incapable of performance nor uncertain. The Court also held that no adverse inference could be drawn against the respondent for not calling evidence in these circumstances. The appeal was dismissed with costs.