Chief Executive of the Office of Environment and Heritage v Turnbull (No 2)

Land and Environment Court New South Wales Medium Neutral Citation: Chief Executive of the Office of Environment and Heritage v Turnbull (No 2) [2014] NSWLEC 155 Hearing dates:24 and 25 September 2014Decision date: 25 September 2014 Jurisdiction:Class 4Before: Pepper J Decision: See at [67]. Catchwords: INJUNCTIONS: alleged unlawful clearing of native vegetation - legal principles - no undertaking as to damages - whether a serious question to be tried - balance of convenience - delay in bringing application for interlocutory relief - whether terms of injunction sought too broad - modified injunction granted. Legislation Cited: Native Vegetation Act 2003, ss 3, 12, 38, 41, Div 2, 3, 4 Threatened Species Conservation Act 1995 Cases Cited: Chief Executive of the Office of Environment and Heritage v Turnbull [2014] NSWLEC 153 Chief Executive of the Office of Environment and Heritage, Department of Premier and Cabinet v Turnbull [2014] NSWLEC 150 Turnbull v Director-General, Office of Environment and Heritage [2014] NSWLEC 84 Turnbull v Director-General, Office of Environment and Heritage (No 2) [2014] NSWLEC 112 Category:Interlocutory applicationsParties: Chief Executive of the Office of Environment and Heritage (Applicant) Grant Wesley Turnbull (Respondent) Representation: Mr T Howard SC (Applicant) Mr T Alexis SC with Ms H Irish (Respondent) Office of Environment and Heritage (Applicant) Cole & Butler (Respondent) File Number(s):40763 of 2014 EX TEMPORE JudgmentA Further Injunction is Sought Against Mr Turnbull in Respect of Unlawful Clearing of Native VegetationThe background to this application for further injunctive relief in respect of alleged unlawful clearing of...