Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority [2022] FCA 838

Federal Court of Australia

Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority [2022] FCA 838 File number: VID 306 of 2022

Judgment of: BROMBERG J

Date of judgment: 14 July 2022

Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction to restrain the second respondent from commencing or continuing offshore drilling pursuant to an administrative decision the subject of an application for judicial review – where delay in bringing application and where expedited hearing previously granted on application of the applicant – whether applicant's conduct engages the Court's discretion to refuse application – whether prima facie case established – whether balance of convenience favours grant of injunction – where substantial financial loss to second respondent – where no undertaking as to damages given – whether failure to provide undertaking a disqualifying factor – where possibility of harm to First Nations' traditional activities and to marine life including totemic species – where some likely harm to spiritual connection to sea country – where balance lies – application dismissed.

Legislation: Administrative Decisions (Judicial Review) Act 1977 (Cth) Federal Court of Australia Act 1976 (Cth) Judiciary Act 1903 (Cth) Offshore Petroleum and Greenhouse Gas Storage Act 2006 (Cth) Offshore Petroleum and Greenhouse Gas Storage (Environment) Regulations 2009 (Cth)

Cases cited: Australian Broadcasting Corporation v O'Neill (2006) 227 CLR 57 Environment East Gippsland Inc v VicForests (No 2) [2009] VSC 421 Inetstore Corporation Pty Ltd (in liq) v Southern Matrix International Pty Ltd (2005) 221 ALR 179 Kaurareg Native Title Aboriginal Corporation RNTBC v Torres Shire Council [2019] FCA 746