Save the Ridge Inc v National Capital Authority [2004] FCAFC 209

FEDERAL COURT OF AUSTRALIA

Save the Ridge Inc v National Capital Authority [2004] FCAFC 209 INJUNCTION – Application for interlocutory injunction – Application dismissed by primary judge on basis that the case sought to be made was unarguable – Whether primary judge was correct in that assessment – Delay by the appellant in instituting principal proceeding – Whether interlocutory relief should be refused on discretionary grounds having regard to that delay. Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 5, 28, 523 and 524. SAVE THE RIDGE INC v NATIONAL CAPITAL AUTHORITY and AUSTRALIAN CAPITAL TERRITORY A 26 of 2004 WILCOX, MOORE and GYLES JJ 30 JULY 2004 SYDNEY (BY VIDEO LINK TO CANBERRA)

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 26 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SAVE THE RIDGE INC

APPELLANT

AND: NATIONAL CAPITAL AUTHORITY

FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY

SECOND RESPONDENT JUDGES: WILCOX, MOORE and GYLES JJ

DATE OF ORDER: 30 JULY 2004

WHERE MADE: SYDNEY (BY VIDEO LINK TO CANBERRA)

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The costs of the appeal be respondents' costs in the cause. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 26 of 2004

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: SAVE THE RIDGE INC

APPELLANT

AND: NATIONAL CAPITAL AUTHORITY

FIRST RESPONDENT

AUSTRALIAN CAPITAL TERRITORY

SECOND RESPONDENT JUDGES: WILCOX, MOORE and GYLES JJ