FORESTRY COMMISSION OF NEW SOUTH WALES v CHRISTOPHER SHEED [1993] NSWCA 99

FORESTRY COMMISSION OF NEW SOUTH WALES v CHRISTOPHER SHEED

SUPREME COURT OF NEW SOUTH WALES — COURT OF APPEAL

MEAGHER JA 9 June 1993

[1993] NSWCA 99

Meagher JA. In this matter Mr Cowdroy of Queen's Counsel appears for the Forestry Commission of New South Wales who have been seeking orders against unknown persons in litigation which came before Mr Justice Windeyer today who made an order dismissing the application.

Initially leave was sought from me to appeal from his Honour's order. That application, obviously must be declined since I have no power to grant it.

Ihave been asked to assess, in effect, whether the application is one which, on its merits, deserves the convocation of a special Court of Appeal in order to deal with the application for special leave. In my view it is not.

Insofar as one can judge matters at this level it would seem to me that Mr Justice Windeyer is clearly correct and that this Court should never, in any circumstances, grant an injunction against an unknown person. However, it may be that other views should prevail.

It is said that the application is of consuming urgency. I am unable to see that it is of any particular urgency. Nonetheless I will go so far as to order that all time limits be abridged so as to enable the claimant to bring an application for leave to appeal before this Court, properly constituted, by summons for leave to appeal, to be heard on Tuesday 15th June 1993.

Since other matters are listed for the 15th, the court will be unable to hear extensive argument on the point on that day but, of course, will give it such time as it thinks proper.

Beyond that all relief is declined.

Orders accordingly.