Leslie v Buttner

Leslie v Buttner involved a dispute between adjoining lot owners in Sanctuary Cove, with the applicant, Leslie, seeking to challenge the lawfulness of a development approval granted by the principal body corporate, the second respondent, to the first respondents, Buttner. Leslie contended that the works approved by the body corporate did not comply with the development control by-laws and sought an injunction to prevent the works from proceeding. The applicant further sought a declaration that the approved works did not comply with the by-laws and an order that the works be demolished and removed.

The central legal issues were whether the approved works complied with the development control by-laws, and if not, whether the applicant was entitled to a mandatory injunction to compel the first respondents to remove the works. The court needed to determine the correct classification of the first respondents' lot under the by-laws and whether Leslie's failure to agree to certain amenity measures was a condition precedent to the first respondents undertaking the works.

The court found that the applicant had failed to establish that the approved works did not comply with the development control by-laws. Consequently, Leslie's challenge to the lawfulness and effectiveness of the development approval was dismissed. In exercising its discretion regarding the grant of an injunction, the court noted that while the applicant had delayed in bringing proceedings, the hardship to the first respondents from granting an injunction would be disproportionate to the benefit to Leslie. The applicant had also not addressed non-compliance issues with his own lot. The court held that the applicant was not entitled to the mandatory injunctive relief sought.

The court dismissed the originating application and ordered that the parties be heard as to costs.