Carriage v Stockland (Constructors) Pty Ltd and Ors [No 3] [2003] NSWLEC 86

> Land and Environment Court of New South Wales

CITATION : Carriage v Stockland (Constructors) Pty Ltd and Ors [No 3] [2003] NSWLEC 86 APPLICANT Allan Carriage PARTIES : RESPONDENTS Stockland (Constructors) Pty Ltd and Ors FILE NUMBER(S) : 40863 of 2002 CORAM: Pain J KEY ISSUES: Injunctions and Declarations :- second application for interlocutory injunction - whether circumstances have changed since first application such as to warrant grant of injunction - discretionary considerations - whether serious question to be tried - irreparable damage - balance of convenience Environmental Planning and Assessment Act 1979 s 80(12) LEGISLATION CITED: Environmental Planning and Assessment Regulation 2000 cl 145(2) National Parks and Wildlife Act 1974 s 90 Threatened Species Conservation Act 1995 CASES CITED: Castlemaine Tooheys Limited v South Australia (1986) 161 CLR 148 DATES OF HEARING: 19, 21/02/2003 DATE OF JUDGMENT: 02/24/2003

APPLICANT Mr A Oshlack (agent) SOLICITORS N/A

FIRST RESPONDENT Mr T Hale SC with Mr S Brockwell (barrister) SOLICITORS Baker & McKenzie LEGAL REPRESENTATIVES: SECOND RESPONDENT Ms A Pearman (barrister) SOLICITORS National Parks and Wildlife Services