Richmond Valley Council v Cambourn

Land and Environment Court New South Wales Medium Neutral Citation: Richmond Valley Council v Cambourn [2015] NSWLEC 209 Hearing dates:23 December 2015Date of orders: 23 December 2015 Decision date: 23 December 2015 Jurisdiction:Class 4Before: Preston CJ Decision: Orders as set out at [20] Catchwords: INJUNCTIONS – interlocutory injunction – application to restrain the carrying out of music and dance festival without consent – serious question to be tried – balance of convenience favours granting an interlocutory injunction Legislation Cited: Environmental Planning and Assessment Act 1979 Local Government Act 1993 (NSW) s 68 Richmond Valley Local Environmental Plan 2012 (NSW) Category:Principal judgmentParties: Richmond Valley Council (Applicant) Mr James William Cambourn (First Respondent) 3rd Eye Productions Pty Ltd (Second Respondent) Nathan Joel Rodgers-Falk (Third Respondent) Representation: Counsel: Mr M D Seymour (Barrister) (Applicant) No appearance for the respondents     Solicitors: Hannigans Lawyers (Applicant) No appearance for the respondents File Number(s):41217 of 2015Publication restriction:NoJudgmentAn allegedly illegal music festival is to be held Richmond Valley Council (‘the Council’) has brought proceedings against three persons to restrain the holding of a music and arts festival on 31 December 2015 for three days on land at Rappville in breach of the Environmental Planning and Assessment Act 1979 (‘the EPA Act’). Mr James Cambourn is the owner of the land at Lot 58, Deposited Plan 755604, known as 1850 Busbys Flat Road, Rappville (‘the Property’). 3rd Eye Productions Pty Ltd is a company trading under the registered business name of 3rd Eye Productions. The holder of the business...