Snowy Mountain Bush Users Group Inc v Minister for the Environment [2024] NSWSC 711

Supreme Court New South Wales

Medium Neutral Citation: Snowy Mountain Bush Users Group Inc v Minister for the Environment [2024] NSWSC 711 Hearing dates: 6 June 2024 Date of orders: 14 June 2024 Decision date: 14 June 2024 Jurisdiction: Common Law Before: Harrison CJ at CL Decision: (1) Dismiss the plaintiff's notice of motion filed on 7 May 2024. (2) Order that the costs of the motion before me be the costs in the proceedings. (3) List the proceedings for hearing on a final basis commencing on 1 July 2024 with an estimate of 2 days. (4) Grant liberty to the parties to apply on 24 hours' notice for the purpose of making any pre-trial directions or orders as the parties may require. Catchwords: ADMINISTRATIVE LAW – judicial review – whether Minister's decision pursuant to s 10(1) Kosciuszko Wild Horse Heritage Act 2018 (NSW) involves jurisdictional error – application for interlocutory injunction to prevent culling of wild horses – whether plaintiff has standing – whether serious issue to be tried – where delay in commencing proceedings – where plaintiff has not proffered an undertaking as to damages – adequacy of damages as a remedy if injunction not granted – balance of convenience Legislation Cited: Kosciuszko Wild Horse Heritage Act 2018 (NSW), ss 4, 5, 6, 7, 8, 9, 10, 12 National Parks and Wildlife Act 1974 (NSW) ss 12, 73B, 81, 193 Prevention of Cruelty to Animals Act 1979 (NSW), ss 4, 5 Uniform Civil Procedure Rules 2005 (NSW), r 59.10 Cases Cited: Air Express Limited v Ansett Transport Industries (Operations) Pty Ltd (1981) 146 CLR 249; [1981] HCA 75 Australian Conservation Foundation Inc v The Commonwealth (1980) 146 CLR 493; [1980] HCA 58 CIC Insurance Ltd v Bankstown Football Club Ltd (1997) 187 CLR 384; [1997] HCA 2 Frazer v Macquarie Airports Management Ltd [2009] NSWSC 1057 Friends of the Gelorup Corridor Inc v Minister for the Environment and Water [2022] FCA 944 Heatscape Pty Ltd v Mahoney [2017] NSWCCA 135 Minister for Immigration, Citizenship and Multicultural Affairs v McQueen [2024] HCA 11 Neilson v Secretary, Department of Planning & Environment [2023] NSWLEC 32 Neilson v Secretary, Department of Planning and Environment [2024] NSWCA 28 Phosphate Resources Ltd v Minister for the Environment, Heritage and the Arts (No 2) [2008] FCA 1521; (2008) 162 LGERA 154; (2008) 251 ALR 80 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355; [1998] HCA 28 South East Forest Rescue Inc v Forestry Corporation of New South Wales (No 2) [2024] NSWCA 113 South East Forest Rescue Incorporated INC9894030 v Forestry Corporation of New South Wales [2024] NSWLEC 7 Tipakalippa v National Offshore Petroleum Safety and Environmental Management Authority [2022] FCA 838 Varley v Varley [2006] NSWSC 1025 Weribone on behalf of the Mandandanji People v State of Queensland [2013] FCA 255 Category: Procedural rulings Parties: Snowy Mountain Bush Users Group Inc (Plaintiff) Minister for the Environment (First Defendant) Secretary of the Department of Climate Change, Energy, The Environment and Water (Second Defendant) Representation: Counsel: O Jones with J Tyler-Stott (Plaintiff) G Wright SC with M Dalla-Pozza (Defendants)