Minister for Sustainability Environment Water Population and Communities v Debono [2010] FCA 1497

FEDERAL COURT OF AUSTRALIA

Minister for Sustainability Environment Water Population and Communities v Debono [2010] FCA 1497 Citation: Minister for Sustainability Environment Water Population and Communities v Debono [2010] FCA 1497

Parties: MINISTER FOR SUSTAINABILITY ENVIRONMENT WATER POPULATION AND COMMUNITIES v JOHN DEBONO

File number: ACD 49 of 2010

Judge: RARES J

Date of judgment: 23 December 2010

Date of hearing: 23 December 2010

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 18

Counsel for Applicant: T M Begbie

Solicitor for Applicant: Australian Government Solicitor

Counsel for Respondent: T Debono, appeared on behalf of the respondent

IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY GENERAL DIVISION ACD 49 of 2010

BETWEEN: MINISTER FOR SUSTAINABILITY ENVIRONMENT WATER POPULATION AND COMMUNITIES

Applicant

AND: JOHN DEBONO

Respondent

JUDGE: RARES J DATE OF ORDER: 23 DECEMBER 2010 WHERE MADE: SYDNEY

UPON THE MINISTER BY HIS COUNSEL GIVING TO THE COURT THE USUAL UNDERTAKING AS TO DAMAGES: THE COURT ORDERS THAT: 1. Up to and including 4 February 2011, the respondent by himself, his servants and agents be restrained from taking, permitting, or being in any way involved in any of the following activities namely: (a) ploughing, (b) land clearing, (c) digging, blasting or moving of rock in the part of the property, being lots 6 and 7 in LP 5327 Melton Victoria, known as 500 Parwan-Exford Road, Parwan, and labelled "Western Paddock" in the plan attached to this Order 2. The proceedings be transferred from the Australian Capital Territory District Registry to the Victorian District Registry. 3. On or before 31 January 2011, the respondent file and serve any affidavits and other evidence on which he proposes to rely in answer to the application to continue Order 1 made today. 4. The proceedings and the claim for interlocutory relief in the application be stood over to 4 February 2011 in Melbourne at 9:30 am.