The Drop Zone Skydiving Centre Pty Ltd v Central Coast Aero Club Ltd [2004] NSWSC 1207

New South Wales Supreme Court

CITATION : The Drop Zone Skydiving Centre Pty Ltd v Central Coast Aero Club Ltd [2004] NSWSC 1207 HEARING DATE(S) : 2 December, 2004 JUDGMENT DATE : 2 December 2004 JURISDICTION: Equity Division JUDGMENT OF : Palmer J DECISION : Application for interlocutory injunction refused.

CATCHWORDS : INTERLOCUTORY INJUNCTION - BALANCE OF CONVENIENCE - PUBLIC SAFETY - Plaintiff sought interlocutory injunction restraining Defendant from withdrawing Plaintiff's right to conduct parachute jumping operations on Defendant's airfield - Defendant alleged breach of safety regulations - serious issues of fact and law to be tried - balance of convenience favoured refusal of injunction in interests of public safety. PARTIES : The Drop Zone Skydiving Centre Pty Ltd - Plaintiff Central Coast Aero Club Ltd - Defendant FILE NUMBER(S) : SC 6482/04 COUNSEL : G. Van Der Vlag - Plaintiff R. Pearson (Sol) - Defendant SOLICITORS : CBD Law - Plaintiff Peter Hudson - Defendant

JUDGMENT – Ex tempore

1 By a Summons filed in Court on 26 November 2004, the Plaintiff seeks a declaration as to the entitlement of the Defendant to suspend operations for conduct of the Plaintiff's parachuting business at the Warnervale Airport and an interlocutory injunction preventing the Defendant from interfering with the conduct of that business until the dispute can be determined. The facts are briefly as follows. 2 The Warnervale Airport is controlled by the Defendant. By a document dated 26 October 2001 entitled, "Consent from the CCAC" , which is the Defendant, "for parachute operations at Warnervale Aerodrome and parachuting chief instructors agreement" it was provided, inter alia, as follows: " CONSENT