Mosman Municipal Council v Darling

[1988] NSWLEC 111

Land and Environment Court

of New South Wales

CITATION:	Mosman Municipal Council v Darling & Anor [1988] NSWLEC 111
PARTIES:	Darling And Anor
FILE NUMBER(S):	40019 of 1988
CORAM:	Hemmings J
KEY ISSUES:	:-
LEGISLATION CITED:
CASES CITED:
DATES OF HEARING:	21/09/1987, 04/02/1988
DATE OF JUDGMENT:	03/18/1988
LEGAL REPRESENTATIVES:

JUDGMENT:

HIS HONOUR: The applicant in these proceedings sought orders restraining the use of premises for the purpose of a child care centre said to be contrary to a development consent granted on 21st September, 1987.

Interlocutory application for relief was refused by this Court on 4th February, 1988, but undertakings were noted as to the provision of masonry walls on the boundary of the premises said to be required by the said consent.

The question of the nature and extent of boundary fences has now been resolved. The application is to be withdrawn, but an order for costs of the proceedings is now sought.

I have considered all of the evidence and further affidavits filed in these proceedings. I am satisfied that no undertaking was given by the respondents that they would not use, cause, permit or suffer the use of the premises contrary to the said consent for its conditions.

I am satisfied that the applicant, because of economic considerations, elected to use the premises knowing that it had not satisfied all of the requirements of the said consent.

In such circumstances I am satisfied that the applicant was entitled to institute these proceedings and that, notwithstanding the refusal of the interlocutory relief by accepting undertakings, it will maintain these premises until the resolution of the matter.

In all the circumstances I am satisfied that the applicant is entitled to its costs, and I so order.

ASSOCIATE

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