Woollahra Municipal Council v Cameron

Woollahra Municipal Council brought an action against Cameron, seeking a declaration that a structure on Cameron's property was an unlawful building. The dispute came before the Supreme Court of New South Wales. The Council claimed that the structure, which Cameron erected, did not comply with the relevant planning and building regulations. It was argued that the structure constituted an unlawful building, and the Council sought to have it declared as such. Furthermore, the Council sought an injunction to prevent Cameron from using the structure in a manner that would constitute an ongoing unlawful building.

The legal issues before the court included whether the structure in question constituted an unlawful building under the applicable planning and building laws and whether the Council had the authority to seek a declaration and injunction in this matter. The court had to determine if the structure was in fact an unlawful building, and if so, whether the Council was entitled to seek the relief it requested.

The court found that the structure did indeed constitute an unlawful building, as it did not comply with the relevant planning and building laws. The court further held that the Woollahra Municipal Council had standing to bring the proceedings and was entitled to seek the declaration and injunction it sought. The court noted that the unlawful building had the potential to cause significant harm to the surrounding environment and neighbouring properties, and that the Council's action was in the public interest. The court reserved its decision on the question of costs.