AMP Capital Investors Ltd v Transport Infrastructure Development Corporation (No 3)

AMP Capital Investors Ltd, an investment company, filed an application against the Transport Infrastructure Development Corporation, a statutory corporation, for an interlocutory injunction. The application was heard by the Federal Court of Australia. The dispute centred on the construction of a toll road in Sydney, with the applicant asserting that the defendant had failed to adequately consult with stakeholders and provide adequate documentation regarding the project. The applicant sought an injunction to halt the project until proper consultation had taken place.

The court was required to determine whether an interlocutory injunction should be granted, considering the balance of convenience and the adequacy of consultation processes. The legal issues involved the interpretation of statutory provisions, the principles of natural justice, and the standard of proof required to establish a likelihood of significant harm. The court also had to assess the adequacy of the consultation processes undertaken by the defendant and whether there had been a failure to comply with relevant statutory requirements.

The court found that the statutory provisions required the defendant to consult with stakeholders and provide adequate documentation, but did not mandate an interlocutory injunction. The court held that the applicant had not established a serious question to be tried or demonstrated a balance of convenience favouring an injunction. The court also found that the defendant had undertaken adequate consultation processes and provided sufficient documentation. Consequently, the application for an interlocutory injunction was dismissed. The court ordered each party to bear its own costs and the defendant to pay the applicant's costs of the motion.