Lane Cove Council v Ross (No 13)

Lane Cove Council brought an application seeking an injunction and damages against the respondent, Ross, for the alleged unlawful occupation of a portion of council land. The dispute centred around Ross's alleged possession of council land without the requisite permit or authorisation. The matter was heard by the Supreme Court of New South Wales. The court was tasked with determining whether the council was entitled to an injunction to prevent Ross from continuing his occupation of the land and whether damages were appropriate for the alleged unlawful occupation.

The court examined the legal framework governing land occupation and the specific provisions of the relevant legislation and council by-laws. It also considered whether the council had standing to seek the injunction and whether Ross had a valid defence to the council's claims. The court scrutinised the evidence presented regarding the nature of Ross's occupation and the council's efforts to enforce compliance with the relevant regulations.

The Supreme Court found that the council had established a prima facie case for an injunction and damages. The court held that Ross's occupation of the land was unlawful as it contravened the specific provisions of the legislation and council by-laws. The court further found that the council had standing to seek the injunction and that Ross's defences were insufficient to overcome the council's claims. The court ordered that proceedings would not be adjourned and directed the parties to proceed with the hearing on the merits of the council's claims.