Dincel Construction System Pty Ltd v Penrith City Council [2021] NSWCA 133 (02 July 2021) (Gleeson JA at [1]; Payne JA at [2]; Brereton JA at [180])


Catchwords:


ENVIRONMENT AND PLANNING – Court of Appeal – jurisdiction and powers – where appellants imported fill, engaged in earthworks, constructed hardstand areas and used land for storage without development consent – where appellants admitted breaches – where primary judge ordered cessation of use, removal of fill and restoration of premises – where primary judge suspended injunctive relief – whether House v The King error in granting injunctive relief established