Bellingen Shire Council v Lamir-Pike (No 2)

Case [2010] NSWLEC 197

Land and Environment Court


of New South Wales


CITATION: Bellingen Shire Council v Lamir-Pike (No 2) [2010] NSWLEC 197
PARTIES:

FIRST APPLICANT:
Bellingen Shire Council

SECOND APPLICANT:
Coffs Harbour City Council

RESPONDENT:
Eric Lamir-Pike
FILE NUMBER(S): 40804 of 2010
CORAM: Biscoe J
KEY ISSUES: INJUNCTIONS AND DECLARATIONS :- interlocutory injunction to restrain dance party without development consent.
CASES CITED: Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195
DATES OF HEARING: 5 October 2010
EX TEMPORE JUDGMENT DATE: 5 October 2010
LEGAL REPRESENTATIVES:

APPLICANTS:
Mr A Pickles, barrister
SOLICITORS
HWL Ebsworth

RESPONDENT:
n/a

JUDGMENT:

      THE LAND AND
      ENVIRONMENT COURT
      OF NEW SOUTH WALES

      BISCOE J

      5 October 2010

      40804 of 2010

      BELLINGEN SHIRE COUNCIL & ANOR v ERIC LAMIR-PIKE

      EX TEMPORE JUDGMENT

1 HIS HONOUR: On Friday last I granted the applicant councils an interlocutory injunction restraining the respondent from carrying out a dance party event without development consent: Bellingen Shire Council v Lamir-Pike [2010] NSWLEC 195.

2 The matter was listed before me this morning. The respondent does not appear. I am informed by counsel for the applicants that (a) the respondent was served personally at Friday Creek on Saturday morning last within the time required by an order for service that I made last Friday; (b) according to an entry in Facebook at or about 12.35 pm on Sunday last the dance party event was cancelled due to wet weather and people who had paid were told that they would receive a refund; and (c) the event did not proceed.

3 The orders of the Court are as follows:


      1. The matter is stood over to Friday 8 October 2010 before me as the List Judge.
      2. The applicants are to notify the respondent by 4 pm today that the matter is listed on 8 October 2010 and of any orders that the applicants propose to seek on that date.
      3. Such notification may be by email and the applicants will also endeavour to notify the respondent by telephone by the same time.
Details
AGLC
Bellingen Shire Council v Lamir-Pike (No 2) [2010] NSWLEC 197
Case
[2010] NSWLEC 197
Decision Date

CaseChat Overview and Summary

Bellingen Shire Council and Coffs Harbour City Council sought an interlocutory injunction to prevent Eric Lamir-Pike from hosting a dance party without development consent. This application was heard by Biscoe J in the Land and Environment Court of New South Wales. The legal issue before the Court was whether an interlocutory injunction should be granted to restrain the respondent from carrying out the dance party event without development consent. The case hinged on the urgency and necessity of preventing an event that the councils believed would cause significant environmental harm.

The Court considered the previous judgment where the interlocutory injunction was granted, the respondent's failure to appear, and the information provided by counsel for the applicants regarding the cancellation of the event due to wet weather. The Court noted that the event did not proceed as planned. Given these circumstances, the Court was satisfied that the immediate need for an injunction had passed. Consequently, the Court stood the matter over to a later date, allowing for further consideration of any further orders that the applicants might seek.

Orders

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Background

Background to the litigation

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Evidence

Evidence Before The Court

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Decision

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Ratio Decidendi

Legal Principle Established

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