21 Oct 2011
SHEPHERD V THE ENVIRONMENT COURT HC AK CIV 2011-404-3091
- Citation
- openlaw-0787de30_009b_463d_bb91_e856ef9883f6.pdf
- Court
- High Court
The interim application was dismissed because applicants failed to demonstrate sufficient strength in the substantive existing use challenge for the gum trees; the proposed expert evidence was not new as it could have been obtained with reasonable diligence so s294 relief was not established; and discretionary factors including delay, absence of appeal, and public safety concerns rendered an interim order unnecessary to preserve the applicants' position.