Lester v Minister for Planning [2011] NSWLEC 178

Lester v Minister for Planning [2011] NSWLEC 178

Given the nexus between the Aboriginal Heritage Impact Permit and Modification 7, and because the injunction could be limited to restrain salvage works solely for construction of new surface gas wells, the balance of convenience favoured granting a limited interlocutory injunction until the expedited final hearing; the applicant's delay did not disentitle him to that short, limited relief.

Jurisdiction
Australia
Judgment Date
12 October 2011
Procedural Posture
Class 4 Proceedings / Interlocutory Application for Injunction Pending Expedited Final Hearing
Outcome
Interlocutory undertaking noted and limited interlocutory injunction granted until 4pm on 1 November 2011; costs reserved.
Legal Topics
['development Consent Modification' 'aboriginal Heritage Impact Permit' 'interlocutory Injunction' 'balance of Convenience' 'delay']
['environmental Planning Law' 'aboriginal Cultural Heritage' 'injunctions'] ['development Consent Modification' 'aboriginal Heritage Impact Permit' 'interlocutory Injunction' 'balance of Convenience' 'delay']

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Procedural Posture

Class 4 Proceedings / Interlocutory Application for Injunction Pending Expedited Final Hearing

Legal Issues

  1. 1 ['Whether an interlocutory injunction should restrain salvage work under the Aboriginal Heritage Impact Permit for the purpose of construction of new surface gas wells in reliance on Modification No 7 pending the final hearing.' "Whether the applicant's delay in commencing proceedings and pressing for interlocutory relief should disentitle the applicant to interlocutory injunctive relief." 'Whether the balance of convenience favoured a limited interlocutory injunction.']

Ratio Decidendi

Given the nexus between the Aboriginal Heritage Impact Permit and Modification 7, and because the injunction could be limited to restrain salvage works solely for construction of new surface gas wells, the balance of convenience favoured granting a limited interlocutory injunction until the expedited final hearing; the applicant's delay did not disentitle him to that short, limited relief.

Court Disposition

Interlocutory undertaking noted and limited interlocutory injunction granted until 4pm on 1 November 2011; costs reserved.

Orders

  • ['The Court notes the undertaking of the second respondent to the Court in paragraph 1 of the short minutes of orders dated 12 October 2011.' 'Directions in accordance with paragraphs 2 to 8 of those short minutes.' 'Order that the second respondent be restrained from carrying out salvage works under the Aboriginal...