Cousins v Transport for NSW [2020] NSWLEC 146

Cousins v Transport for NSW [2020] NSWLEC 146

The applicant did not establish a reasonably arguable case that demolition of the Old Bridge would breach s 139 of the Heritage Act as the bridge does not fall within the statutory definition of 'relic', nor is it an 'object' for the purposes of that section, and thus no permit is required; accordingly, interim injunctive relief is refused.

Parties
Applicant: Mr John Cousins; First Respondent: Transport for NSW; Second Respondent: Heritage Council of NSW
Jurisdiction
Australia
Judgment Date
21 October 2020
Procedural Posture
Class 4 (environment and Planning) / Interlocutory Hearing—interim Injunction Application
Outcome
Application for interlocutory injunction refused.
Legal Topics
Interim Injunction, Heritage Listings, Standing—heritage Act, Statutory Interpretation, Costs Orders
Environmental Law Heritage Law Civil Procedure Interim Injunction Heritage Listings Standing—heritage Act Statutory Interpretation Costs Orders

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Parties

Mr John Cousins

Applicant

Transport for NSW

First Respondent

Heritage Council of NSW

Second Respondent

Procedural Posture

Class 4 (environment and Planning) / Interlocutory Hearing—interim Injunction Application

Legal Issues

  1. 1 Whether demolition of the Old Bridge by Transport for NSW would breach s 139 of the Heritage Act 1977 by disturbing or excavating land likely to disturb a 'relic' without a permit
  2. 2 Whether the Old Bridge constitutes a 'relic' as defined in the Heritage Act 1977
  3. 3 Whether the requirements for granting an interlocutory injunction are satisfied

Ratio Decidendi

The applicant did not establish a reasonably arguable case that demolition of the Old Bridge would breach s 139 of the Heritage Act as the bridge does not fall within the statutory definition of 'relic', nor is it an 'object' for the purposes of that section, and thus no permit is required; accordingly, interim injunctive relief is refused.

Court Disposition

Application for interlocutory injunction refused.

Orders

  • The application for an interlocutory injunction to restrain Transport for NSW from demolishing the Old Bridge is refused.
  • The Applicant is to pay the First Respondent's costs of these interlocutory proceedings as agreed or assessed unless, by 4.30 pm on Friday 23 October 2020, a party notifies the Associate to Moore J that they wish to be heard to propose some alternative costs order or the Applicant discontinues the proceedings with...