Waverley Council v Infrastructure NSW

The parties involved in the dispute were Waverley Council and Infrastructure NSW, with Lendlease as the contractor in question. The nature of the dispute pertained to the enforcement of a demolition order, where Lendlease sought to carry out demolition activities that the council argued were in breach of environmental protection regulations. The case was heard in the Supreme Court of New South Wales. The legal issues before the court centred on the interpretation of a ministerial consent issued by Infrastructure NSW and its compliance with environmental laws. Specifically, the court had to determine whether Lendlease’s proposed demolition activities were permissible under the terms of the consent and if the council had standing to seek an injunction to prevent the demolition. The court also needed to consider the urgency and potential harm to the environment that could result from the proposed demolition. The reasoning of the court was that Lendlease’s actions, if allowed to proceed, would result in significant environmental harm that could not be mitigated. The court found that the council had standing to bring the application, and that the ministerial consent did not cover the specific demolition activities proposed by Lendlease. The court granted an injunction to restrain Lendlease from carrying out the demolition, pending further court order. The final orders were that Lendlease was restrained from carrying out the demolition activities as proposed, except for the permitted soft strip demolition, until a further court order was made.