After strong storms and increased coastal erosion, John and Anne Vaughan attempted to rebuild an interim sandbag wall that was previously approved by the city council in a 2001 development consent. The council sought an injunction from the court preventing the wall from being rebuilt, arguing that the council had a policy of planned retreat and that rebuilding the wall could cause damage to other properties, especially if it was built without the approval of the council. The Vaughan’s responded by bringing an action against the council, alleging breach by the council of the 2001 development consent. The court upheld the council’s request and issued an injunction preventing the wall from being rebuilt. The two parties later came to a settlement before the final hearing allowing the Vaughan’s to rebuild the wall using geobags and sand as opposed to rocks, which they had initially planned to use.
Subsequent to Byron Shire Council v. Vaughan; Vaughan v. Byron Shire Council and the settlement reached between the parties, John and Anne Vaughan requested that the injunction preventing them from rebuilding the wall be discharged and the costs incurred be reserved. The court discharged the injunction and ordered that the costs relating to the injunction be reserved.
|05/29/2009||Opinion||Download||see case summary|