EVERYONE V. STATE OF TASMANIA 39/1983

EVERYONE V. STATE OF TASMANIA 39/1983

The applicant lacks standing to bring proceedings to restrain a breach of the Tasmanian Rivers Pollution Act, having no private right affected nor special damage suffered. Intellectual or emotional concern alone does not confer standing.

Parties
Applicant: EVERYONE; Respondent: STATE OF TASMANIA
Jurisdiction
Australia
Judgment Date
09 March 1983
Procedural Posture
Application for Injunction / Oral Judgment
Outcome
Application dismissed
Legal Topics
Standing, Injunction, Public Rights
Environmental Law Administrative Law Standing Injunction Public Rights

Case Brief

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Parties

EVERYONE

Applicant

STATE OF TASMANIA

Respondent

Procedural Posture

Application for Injunction / Oral Judgment

Legal Issues

  1. 1 Whether the applicant has standing to seek an injunction to restrain the State of Tasmania from obstructing the Gordon and Franklin Rivers in alleged contravention of the Tasmanian Rivers Pollution Act of 1881.

Ratio Decidendi

The applicant lacks standing to bring proceedings to restrain a breach of the Tasmanian Rivers Pollution Act, having no private right affected nor special damage suffered. Intellectual or emotional concern alone does not confer standing.

Court Disposition

Application dismissed

Orders

  • Application dismissed