Williams v Director General National Parks and Wildlife Service And Ors [2003] NSWLEC 249

Williams v Director General National Parks and Wildlife Service And Ors [2003] NSWLEC 249

The absence of exploratory drilling due to the undertakings given preserves the subject matter of the claim. The proposed collection of representative samples, in the circumstances and pending judgment, would not cause irreparable harm that could not be remedied by final orders. Therefore, interim injunction is not warranted.

Jurisdiction
Australia
Judgment Date
29 November 2002
Procedural Posture
Application for Interlocutory Injunction / Interlocutory/reserved Decision
Outcome
Reserved decision; undertakings accepted in lieu of interlocutory injunction
Legal Topics
['interlocutory Injunctions' 'section 87 Permit' 'section 90 Consent' 'aboriginal Objects' 'preservation of Subject Matter']
['administrative Law' 'environmental Law'] ['interlocutory Injunctions' 'section 87 Permit' 'section 90 Consent' 'aboriginal Objects' 'preservation of Subject Matter']

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Procedural Posture

Application for Interlocutory Injunction / Interlocutory/reserved Decision

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain acts under s 87 permit and s 90 consent' 'Whether notified collection activity would cause irreparable harm pending judgment']

Ratio Decidendi

The absence of exploratory drilling due to the undertakings given preserves the subject matter of the claim. The proposed collection of representative samples, in the circumstances and pending judgment, would not cause irreparable harm that could not be remedied by final orders. Therefore, interim injunction is not warranted.

Court Disposition

Reserved decision; undertakings accepted in lieu of interlocutory injunction

Orders

  • ['Undertakings by the second and third respondents not to carry out or cause to be carried out any exploration drilling on designated lands until 2:00 pm on Tuesday 3 December 2002' 'Proceedings adjourned to 2:00 pm on Tuesday 3 December 2002 for the delivery of reserved judgment']