Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77

ON 17 JUNE 2014, the NSW Land and Environment Court delivered Council of the City of Sydney v Karimbla Properties (No. 24) Pty Ltd [2014] NSWLEC 77.

http://www.caselaw.nsw.gov.au/action/PJUDG?jgmtid=172226

The court refused to grant an interlocutory injunction brought by the council against the project managers carrying out building work on a large construction site at 879B, 881-891 South Dowling Street and 54A, 56-60 O’Dea Avenue, Waterloo, despite there being no construction certificate for the works.

Justice Craig ruled that, on the evidence before her, the balance of convenience weighed in favour of the project managers. Craig J’s reasons for granting the injunction included: there would be a detriment to the construction workforce; no prejudice had been demonstrated; the work appears to have been performed in accordance with the Building Code; the council did not seek demolition; further work will be closely supervised; and outstanding conditions for consent are capable of timely resolution.

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