Donnelly and Anor v Delta Gold Pty Ltd and Ors [2000] NSWLEC 145

Donnelly and Anor v Delta Gold Pty Ltd and Ors [2000] NSWLEC 145

Because the final hearing was fixed to occur very soon, continuation of the interim injunction until trial would cause less detriment to the Respondents than the likely detriment to the Applicant if the injunction were not continued and the Applicant later succeeded. The environmental risk to the Respondents from being unable to spray irrigate for the short period before trial was not so serious or irredeemable as to require dissolution of the injunction.

Jurisdiction
Australia
Judgment Date
07 July 2000
Procedural Posture
Class 4 Proceedings Challenging the Validity of the Epa's Variation of an Environment Protection Licence / Interlocutory Application Concerning Continuation of an Interim Injunction Pending Expedited Final Hearing
Outcome
Interim injunction continued until the final hearing; final hearing expedited.
Legal Topics
['interim Injunction' 'balance of Convenience' 'environment Protection Licence Variation' 'public Submissions' 'environmental Assessment and Public Consultation']
['practice and Procedure' 'environmental Law' 'administrative Law'] ['interim Injunction' 'balance of Convenience' 'environment Protection Licence Variation' 'public Submissions' 'environmental Assessment and Public Consultation']

Case Brief

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Procedural Posture

Class 4 Proceedings Challenging the Validity of the Epa's Variation of an Environment Protection Licence / Interlocutory Application Concerning Continuation of an Interim Injunction Pending Expedited Final Hearing

Legal Issues

  1. 1 ['Whether the interim injunction restraining the 1st to 4th Respondents from acting in reliance on the licence variation should continue until the expedited final hearing.' 'Whether the alleged failure by the EPA to invite and consider public submissions under s 58(6) of the Protection of the Environment Operations Act 1997 supported interlocutory relief pending trial.' 'How the balance of convenience should be assessed where the final hearing was fixed urgently within a short period.']

Ratio Decidendi

Because the final hearing was fixed to occur very soon, continuation of the interim injunction until trial would cause less detriment to the Respondents than the likely detriment to the Applicant if the injunction were not continued and the Applicant later succeeded. The environmental risk to the Respondents from being unable to spray irrigate for the short period before trial was not so serious or irredeemable as to require dissolution of the injunction.

Court Disposition

Interim injunction continued until the final hearing; final hearing expedited.

Orders

  • ['Interim injunction restraining the 1st to 4th Respondents from acting in reliance upon the licence variation to continue up to the final hearing.' 'Applicant to file and serve affidavits by 4.00 pm on Thursday 13 July 2000.' 'Respondents to file and serve affidavits by 4.00 pm on Tuesday 18 July 2000.' 'Applicant...