North Parramatta Residents' Action Group Inc v Infrastructure New South Wales [2021] NSWCA 128

North Parramatta Residents' Action Group Inc v Infrastructure New South Wales [2021] NSWCA 128

The motion by Infrastructure NSW to impose conditions limiting the effect of the interim injunction was dismissed as there was insufficient evidence articulating the conditions, their operation, or the need for them. The public interest in preserving Willow Grove pending appeal outweighed speculative and unsupported claims of prejudice to the respondent.

Parties
Appellant: North Parramatta Residents' Action Group Inc; First Respondent: Infrastructure New South Wales; Second Respondent: Minister for Planning and Public Spaces
Jurisdiction
Australia
Judgment Date
28 June 2021
Procedural Posture
Appeal / Interlocutory Application for Conditions on Interim Injunction
Outcome
The motion by Infrastructure NSW seeking imposition of conditions on the interim injunction is dismissed. Infrastructure NSW is to pay the appellant's costs of the motion.
Legal Topics
Injunction, Development Consent, Environmental Impact Statement, Heritage Preservation, Procedural Direction
Administrative Law Environmental Law Planning Law Injunction Development Consent Environmental Impact Statement Heritage Preservation Procedural Direction

Case Brief

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Parties

North Parramatta Residents' Action Group Inc

Appellant

Infrastructure New South Wales

First Respondent

Minister for Planning and Public Spaces

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Conditions on Interim Injunction

Legal Issues

  1. 1 Whether conditions should be imposed limiting the effect of an interim injunction restraining physical works on Willow Grove pending appeal determination
  2. 2 Public interest in preserving Willow Grove intact prior to resolution of appeal
  3. 3 Prejudice to respondent Infrastructure NSW if proposed conditions are not imposed

Ratio Decidendi

The motion by Infrastructure NSW to impose conditions limiting the effect of the interim injunction was dismissed as there was insufficient evidence articulating the conditions, their operation, or the need for them. The public interest in preserving Willow Grove pending appeal outweighed speculative and unsupported claims of prejudice to the respondent.

Court Disposition

The motion by Infrastructure NSW seeking imposition of conditions on the interim injunction is dismissed. Infrastructure NSW is to pay the appellant's costs of the motion.

Orders

  • Motion by Infrastructure NSW seeking conditions on interim injunction dismissed.
  • Infrastructure NSW to pay appellant's costs of the motion.