F & D Bonaccorso Pty Limited v City of Canada Bay Council

F & D Bonaccorso Pty Limited sought an interlocutory injunction against the City of Canada Bay Council, which was the respondent in the proceedings. The applicant sought to prevent the council from proceeding with a decision to refuse consent to a proposed development. The matter was heard in the Supreme Court of New South Wales. The legal issues before the court involved the applicant's entitlement to an interlocutory injunction and the appropriate terms of such an injunction if granted. Specifically, the court had to consider whether the applicant had made out a prima facie case for an injunction, and if so, what the appropriate terms of the injunction should be.

The court found that the applicant had demonstrated a prima facie case for an interlocutory injunction. The applicant had established that it had a real and substantial cause of action against the council, that there was a serious question to be tried, and that the balance of convenience favoured the grant of an injunction. The court also considered the need to protect the applicant's proprietary interests and the potential harm that would result from the council proceeding with its decision without the benefit of the applicant's application being heard and determined. The court directed that an appropriate letter be served on the registered first mortgagee, notifying them of the proceedings and providing them with copies of the relevant documents.

The court granted the interlocutory injunction, ordering that the council be restrained from proceeding with its decision to refuse consent to the proposed development. The court noted that the applicant had demonstrated a real and substantial cause of action, and that the balance of convenience favoured the grant of an injunction. The court also noted that the applicant had demonstrated a likelihood of success in its application, and that there was a serious question to be tried. The court considered the need to protect the applicant's proprietary interests and the potential harm that would result from the council proceeding with its decision without the benefit of the applicant's application being heard and determined. The court ordered that the applicant's solicitor serve a letter on the registered first mortgagee, informing them of the proceedings and providing them with copies of the relevant documents.