Marrickville Council v Cleary

Land and Environment Court New South Wales Medium Neutral Citation: Marrickville Council v Cleary [2014] NSWLEC 203 Hearing dates:29 July 2014Decision date: 29 July 2014 Jurisdiction:Class 4Before: Pain J Decision: See paragraph 11 Catchwords: Interlocutory relief – balance of convenience favours restraining use of premises as residential accommodation – order made Category:Procedural and other rulingsParties: Marrickville Council (Applicant) Cleary, Mark Stephen (First Respondent) Mark Cleary and Associates Pty Ltd (Second Respondent) Zhang, Shu Min (Third Respondent) Gee, Edward (Fourth Respondent) Representation: Counsel: Ms J Hewitt (solicitor) (Applicant) Mr M Cleary (in person) (First and Second Respondents) No appearance (Third and Fourth Respondents) Solicitors: HWL Ebsworth Lawyers (Applicant) File Number(s):40541 of 2014EX TEMPORE Judgment I have before me an interlocutory application by Marrickville Council (the Council) in a notice of motion filed in court on 25 July 2014. Various orders are sought in relation to premises at 31 Princes Highway, St Peters (the premises). Essentially what is sought now is the immediate restraint of the use of the premises for the purpose of residential accommodation by the First Respondent, Mr Cleary. I made orders last Friday giving leave to file a summons in court and in relation to the notice of motion that was being pressed immediately by the Council and also further orders in relation to the service of documents. I stood over until today the application by the Council for interlocutory relief. Last Friday Mr Cleary attended and was represented on very short notice by a barrister. At that...