Bocce Pty Ltd v Woollahra Municipal Council

Bocce Pty Ltd, a company engaged in the operation of a café, sought an interlocutory injunction against Woollahra Municipal Council to prevent the enforcement of a noise abatement notice that had been issued under the Environmental Protection Act 1997 (NSW). The dispute centred on the validity of the noise abatement notice and Bocce's contention that the notice was procedurally unfair and unlawful. The matter was heard in the Supreme Court of New South Wales.

The legal issues before the Court were whether the noise abatement notice was procedurally valid, whether the notice was consistent with the applicable statutory scheme, and whether Bocce had established a prima facie case for an interlocutory injunction. The Court had to consider whether the procedural fairness requirements were met and whether Bocce had demonstrated a serious question to be tried in relation to the merits of its case.

In determining the matter, the Court held that Bocce had not met the threshold for establishing procedural unfairness, and the notice was consistent with the statutory requirements. However, the Court recognised that Bocce had demonstrated a serious question to be tried on the merits of its claim that the notice was unlawful. Consequently, the Court granted Bocce's application for an interlocutory injunction and made further orders to facilitate the resolution of the matter.