Northern Inland Council for the Environment Inc v Minister for the Environment, Heritage and Water [2013] FCA 993

FEDERAL COURT OF AUSTRALIA

Northern Inland Council for the Environment Inc v Minister for the Environment, Heritage and Water [2013] FCA 993 Citation: Northern Inland Council for the Environment Inc v Minister for the Environment, Heritage and Water [2013] FCA 993

Parties: NORTHERN INLAND COUNCIL FOR THE ENVIRONMENT INC v MINISTER FOR THE ENVIRONMENT, HERITAGE AND WATER and ASTON COAL 2 PTY LIMITED ACN 139 472 567

File number: NSD 1404 of 2013

Judge: GRIFFITHS J

Date of judgment: 25 September 2013

Catchwords: PRACTICE AND PROCEDURE – application for an interlocutory injunction pending judgment in primary matter – discussion of relevant principles – effect of proffered undertaking by second respondent on the balance of convenience

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Environment Protection and Biodiversity Conservation Act 1999 (Cth) Environmental Planning and Assessment Act 1979 (NSW)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Buzzacott v Minister for Sustainability, Environment, Water, Population and Communities (No 2) (2012) 187 LGERA 161 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Environment East Gippsland Inc v Vicforests (No. 2) [2009] VSC 421 Esposito v The Commonwealth [2013] FCA 546 GPT RE Ltd v Belmorgan Property Development Pty Ltd (2008) 72 NSWLR 647 Lawyers for Forests v Minister for Environment, Heritage and the Arts (2009) 178 FCR 385 Tegra (NSW) Pty Limited v Gundagai Shire Council and Anor (2007) 160 LGERA 1 Tickner v Chapman (1995) 57 FCR 541