Federal Court of Australia
Federal Court of Australia
Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2023] FCA 343 Appeal from: Friends of the Gelorup Corridor Inc v Minister for the Environment and Water (No 2) [2022] FCA 1554
File number: WAD 13 of 2023
Judgment of: BANKS-SMITH J
Date of judgment: 14 April 2023
Catchwords: APPEALS - practice and procedure - application for interlocutory injunction pending hearing of appeal - where primary judge dismissed application for judicial review of decision by a delegate of the Minister to approve a controlled action under the Environmental Protection and Biodiversity Conservation Act 1999 (Cth) - where subsequently clearing works relating to construction of a new section of freeway have commenced - where further clearing work in identified area of less than one hectare programmed to commence imminently - urgent application to restrain those clearing works from proceeding pending appeal - limited window in which clearing works can be undertaken having regard to conditions of approval relating to endangered species and weather conditions - where sequential works will be delayed and significant costs incurred by Commissioner of Main Roads if work restrained - balance of convenience - merits of appeal grounds - whether appeal rights significantly impaired or rendered nugatory by refusal of injunction - application dismissed
Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) ss 18, 67, 68, 130, 133, 134, 136, 391, Parts 3 and 7 Federal Court of Australia Act 1976 (Cth) s 25
Cases cited: Barngarla Determination Aboriginal Corporation RNTBC v District Council of Kimba [2019] FCA 1585 Bob Brown Foundation Inc v Minister for the Environment (No 2) [2022] FCA 873 Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2022] FCA 944 Friends of the Gelorup Corridor Inc v Minister for the Environment and Water (No 2) [2022] FCA 1554 Mylan Health Pty Ltd v Sun Pharma ANZ Pty Ltd (No 2) [2019] FCA 505 Samsung Electronics Co Limited v Apple Inc [2011] FCAFC 156; (2011) 217 FCR 238 State of Queensland (Department of Agriculture and Fisheries) v Humane Society International (Australia) Inc [2019] FCAFC 163; (2019) 272 FCR 310 Stirling Harbour Services Pty Ltd v Bunbury Port Authority (No 2) [2000] FCA 87
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