Richardson v Forestry Commission [1988] HCA 10

High Court of Australia Mason C.J. Mason C.J. Wilson, Brennan, Deane, Dawson, Toohey and Gaudron JJ. Richardson v Forestry Commission (88/007) [1988] HCA 10

ORDER Order that until the hearing and determination of this action, or further order, each defendant by itself, its servants or agents, be restrained from doing any of the following acts during the interim protection period as defined in the Lemonthyme and Southern Forests (Commission of Inquiry) Act 1987 Cth, namely:

(a) for the purposes of, or in the course of carrying out, forestry operations, killing, cutting down or damaging any tree in, or removing any tree or part of a tree from, the area defined in the said Act as the protected area; or

(b) constructing or establishing any road or vehicular track within the said protected area,

except with the consent in writing of the plaintiff given pursuant to the Act. That until the hearing and determination of this action, or further order, the first-named defendant by itself, its servants or agents be restrained from doing any of the following acts during the said interim protection period, namely, permitting, authorizing, directing or ordering or purporting to permit, authorize, direct or order any person to do any act referred to in sub-pars. 1(a) or 1(b) hereof, except with the consent in writing of the plaintiff given pursuant to the said Act. And it is further ordered that the costs of this application be the plaintiff's costs in the action. Answer the questions as follows:

1.

Q. To what extent, if any, is the Lemonthyme and Southern Forests (Commission of Inquiry) Act 1987 (Cth) invalid?

A. The Act is valid.

2.

Q. In point of law is any, and if so, which, of the allegations made:

(i) in par. 17 of the defence of the first defendant

(ii) in par. 15 of the defence of the second defendant