Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWCA 87

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWCA 87 Hearing dates: 12 May 2021 Date of orders: 12 May 2021 Decision date: 12 May 2021 Before: Macfarlan JA Decision: (1) Application for an injunction to restrain the holding of the event the subject of Moore J's judgment rejected. (2) Order the applicant to pay the second respondent's costs of the application. (3) Note that the first respondent indicated that it submits to the orders of the Court. Catchwords: APPEALS – procedure – informal urgent application for injunction pending appeal – applicant applied to stop trail running event in the Blue Mountains from proceeding the next day – primary judge dealt thoroughly with circumstances of proposed event and carefully weighed matters going to the balance of convenience – applicant did not show any reason for a different view to be taken than that taken by the primary judge Category: Procedural rulings Parties: Seek Justice Pty Ltd (Applicant) Blue Mountains City Council (First Respondent) USM Events Pty Ltd (Second Respondent) Representation: Counsel: Mr I Jeray (director of Applicant) Submitting appearance (First Respondent) Mr T To (Second Respondent)

Solicitors: Sparke Helmore (Second Respondent) File Number(s): 2021/133390 Decision under appeal Court or tribunal: Land and Environment Court Jurisdiction: Class 4 Citation: [2021] NSWLEC 42 Date of Decision: 10 May 2021 Before: Moore J File Number(s): 2021/121055