Tenterfield Shire Council v Budd

Land and Environment Court New South Wales Medium Neutral Citation: Tenterfield Shire Council v Budd [2016] NSWLEC 89 Hearing dates:10 June 2016Date of orders: 10 June 2016 Decision date: 10 June 2016 Jurisdiction:Class 4Before: Pain J Decision: 1. Orders in accordance with Applicant’s notice of motion dated 10 June 2016 (as amended). 2. The Council is not required to give an undertaking as to damages. Catchwords: INTERLOCUTORY RELIEF – exercise of discretion to issue injunction restraining music festival commencing following day. Legislation Cited: Environmental Planning and Assessment Act 1979 Land and Environment Court Rules 2007, r 4.2(3) Tenterfield Local Environmental Plan 2013, cl 2.8 Category:Procedural and other rulingsParties: Tenterfield Shire Council (Applicant) Alie Budd (First Respondent) Zero DB Pty Ltd (Second Respondent) Jubullum Aboriginal Land Council (Third Respondent) Representation: COUNSEL: A Pearman (Applicant) N/A (Respondent)   SOLICITORS: Bartier Perry (Applicant) N/A (Respondent) File Number(s):16/178381EX TEMPORE Judgment I have before me an urgent ex parte interlocutory injunction application by Tenterfield Shire Council (“the Council”) in the form of a notice of motion and summons and numerous affidavits that have been filed today in court at 4.15pm. The notice of motion seeks various orders in relation to the First, Second and Third Respondents in relation to a property on Gap Road, accessed via Plains Station Road, Tabulam. I am informed that the Third Respondent the Jumbullum Aboriginal Land Council is the owner of that property. The focus of this action is an expressed intention by the First Respondent, Mr Alie Budd, and the...