South East Forest Rescue Incorporated v Forestry Corporation of New South Wales [2024] NSWCA 64

Court of Appeal Supreme Court New South Wales Medium Neutral Citation: South East Forest Rescue Incorporated v Forestry Corporation of New South Wales [2024] NSWCA 64 Hearing dates: 18 March 2024 Date of orders: 22 March 2024 Decision date: 22 March 2024 Before: Griffiths AJA Decision: (1) The motions filed on 22 February 2024 and 26 February 2024 are dismissed. (2) The costs of the motions are costs in the cause. Catchwords: INTERLOCUTORY APPLICATIONS – interim injunction – forestry operations – assumption that serious question to be tried – unexplained delay in seeking interlocutory relief – scope of relief sought too vague and uncertain – balance of convenience a neutral consideration Legislation Cited: Forestry Act 2012 (NSW) Pt 5B Cases Cited: Carlton and United Breweries (NSW) Pty Ltd v Bond Brewing New South Wales Ltd (1987) 76 ALR 633 Ellerman Lines Ltd v Read [1928] 2 KB 144 Environment East Gippsland Inc v VicForests (No 4) [2022] VSC 668 North East Forest Alliance Incorporation (INC 1601738) v Forestry Corporation of NSW [2023] NSWLEC 124 Scruples Imports Pty Ltd v Crabtree & Evelyn Pty Ltd (1983) 1 IPR 315 South East Forest Rescue Incorporated INC 98 94 030 v Forestry Corp [2024] NSWLEC 7 VicForests v Environment East Gippsland Inc [2023] VSCA 159 Texts Cited: Coastal Integrated Forestry Operations Approval (commenced 16 November 2018, amended 16 February 2024) I Spry, The Principles of Equitable Remedies (Lawbook Co, 8th ed, 2010) Category: Procedural rulings Parties: South East Forest Rescue Incorporated INC 98 94 030 (Applicant) Forestry Corporation of New South Wales ABN 43 141 857 613 (Respondent) Representation: Counsel: J Korman/L Sims S Hall SC/K Pham