Federal Court of Australia
Federal Court of Australia
Save Wallum Incorporated v Clarence Property Corporation Limited [2024] FCA 967 File number: NSD 872 of 2024
Judgment of: BROMWICH J
Date of judgment: 23 August 2024
Catchwords: ENVIRONMENT LAW – application for an interim injunction under s 475(5) of the Environment Protection and Biodiversity Act 1999 (Cth) – restraint of development works – where arguable case for a permanent injunction in the substantive proceeding – whether balance of convenience favoured grant of wider interim injunction – Wallum Sedge Frog – where some delay in bringing application – whether applicant's previous protest conduct disentitling – HELD: interim injunction ordered with some exclusions
Legislation: Environment Protection and Biodiversity Act 1999 (Cth) s 475(2), (5) Biodiversity Conservation Act 2016 (NSW)
Cases cited: Australian Competition and Consumer Commission v Fisher & Paykel Customer Services Pty Ltd [2014] FCA 1393 Black Uhlans Incorporated v Crime Commission (NSW) [2002] NSWSC 1060; 12 BPR 22,241 Carlton and United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd [1988] FCA 205; (1987) 76 ALR 633 Humane Society International Inc v Kyodo Senpaku Kaisha Ltd [2006] FCAFC 116; 154 FCR 425 South East Forest Rescue Incorporated v Forestry Corporations of New South Wales [2024] NSWCA 6
Division: General Division
Registry: New South Wales
National Practice Area: Administrative and Constitutional Law and Human Rights
Date of hearing: 16 August 2024
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