Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWCA 87

Seek Justice Pty Ltd v Blue Mountains City Council [2021] NSWCA 87

The injunction was refused because Moore J had thoroughly dealt with the circumstances of the proposed event and carefully weighed the balance of convenience, and the applicant advanced only general assertions without showing any reason for the Court to take a different view.

Jurisdiction
Australia
Judgment Date
12 May 2021
Procedural Posture
Appeal Procedure; Urgent Application for Injunction Pending Application for Leave to Appeal / Notice of Motion in Aid of Application for Leave to Appeal
Outcome
Application for an injunction rejected; applicant ordered to pay the second respondent's costs of the application.
Legal Topics
['urgent Injunction Pending Appeal' 'balance of Convenience' 'leave to Appeal' 'expedition']
['civil Procedure' 'appeals' 'injunctions'] ['urgent Injunction Pending Appeal' 'balance of Convenience' 'leave to Appeal' 'expedition']

Case Brief

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Procedural Posture

Appeal Procedure; Urgent Application for Injunction Pending Application for Leave to Appeal / Notice of Motion in Aid of Application for Leave to Appeal

Legal Issues

  1. 1 ['Whether an injunction should be granted to restrain the holding of a four-day sporting event in the Blue Mountains pending an application for leave to appeal.' 'Whether the applicant showed any reason to take a different view from Moore J on the balance of convenience.']

Ratio Decidendi

The injunction was refused because Moore J had thoroughly dealt with the circumstances of the proposed event and carefully weighed the balance of convenience, and the applicant advanced only general assertions without showing any reason for the Court to take a different view.

Court Disposition

Application for an injunction rejected; applicant ordered to pay the second respondent's costs of the application.

Orders

  • ["Application for an injunction to restrain the holding of the event the subject of Moore J's judgment rejected." "Order the applicant to pay the second respondent's costs of the application." 'Note that the first respondent indicated that it submits to the orders of the Court.']