Chief Executive of the Office of Environment and Heritage v Turnbull (No 2) [2014] NSWLEC 155

Land and Environment Court New South Wales

Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Turnbull (No 2) [2014] NSWLEC 155 Hearing dates: 24 and 25 September 2014 Decision date: 25 September 2014 Jurisdiction: Class 4 Before: Pepper J Decision: See at [67]. Catchwords: INJUNCTIONS: alleged unlawful clearing of native vegetation - legal principles - no undertaking as to damages - whether a serious question to be tried - balance of convenience - delay in bringing application for interlocutory relief - whether terms of injunction sought too broad - modified injunction granted. Legislation Cited: Native Vegetation Act 2003, ss 3, 12, 38, 41, Div 2, 3, 4

Threatened Species Conservation Act 1995 Cases Cited: Chief Executive of the Office of Environment and Heritage v Turnbull [2014] NSWLEC 153

Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150

Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84

Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Category: Interlocutory applications Parties: Chief Executive of the Office of Environment and Heritage (Applicant) Grant Wesley Turnbull (Respondent) Representation: Mr T Howard SC (Applicant) Mr T Alexis SC with Ms H Irish (Respondent) Office of Environment and Heritage (Applicant) Cole & Butler (Respondent) File Number(s): 40763 of 2014