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