Armidale Local Aboriginal Land Council v Transgrid [2000] NSWLEC 141

Armidale Local Aboriginal Land Council v Transgrid [2000] NSWLEC 141

On the present evidence, the applicant has not established that the Indigenous Heritage Management Plan was not developed in consultation; there is no serious question to be tried, and delay in seeking relief together with prejudice to third parties disfavours grant of injunction.

Source-derived case information.

Jurisdiction
Australia
Judgment Date
17 May 2000
Procedural Posture
Interlocutory Application / Motion for Interlocutory Injunction
Outcome
Notice of motion dismissed
Legal Topics
['interlocutory Injunction' 'consultation Obligations' 'indigenous Heritage Protection' 'balance of Convenience' 'delay in Proceedings']
['environmental Law' 'administrative Law'] ['interlocutory Injunction' 'consultation Obligations' 'indigenous Heritage Protection' 'balance of Convenience' 'delay in Proceedings']

Source-derived case record

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Interlocutory Application / Motion for Interlocutory Injunction

Legal Issues

  1. 1 ['Whether Indigenous Heritage Management Plan was developed in consultation with the applicant as required by condition 51' 'Whether there is a serious question to be tried for the grant of interlocutory injunction' 'Impact of delay and prejudice to third parties']

Ratio Decidendi

On the present evidence, the applicant has not established that the Indigenous Heritage Management Plan was not developed in consultation; there is no serious question to be tried, and delay in seeking relief together with prejudice to third parties disfavours grant of injunction.

Court Disposition

Notice of motion dismissed

Orders

  • ["The applicant's notice of motion dated 12 May 2000 is dismissed."]