Animal Liberation Ltd v National Parks and Wildlife Service

[2003] NSWSC 458

CITATION:	Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 458
HEARING DATE(S):	28 May 2003
JUDGMENT DATE:	28 May 2003
JURISDICTION:	Equity
JUDGMENT OF:	Hamilton J
DECISION:	Orders made.
CATCHWORDS:	EQUITY [338] - Equitable remedies - Injunctions - Interlocutory injunctions - Balance of convenience - Duration of proposed injunction - Availability of early final hearing.
CASES CITED:	Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 457
PARTIES :	Animal Liberation Limited (P) Director General of National Parks and Wildlife Service (D)
FILE NUMBER(S):	SC 2908/03
COUNSEL:	G F Jauncey (P) P R Whitford (D)
SOLICITORS:	Friend & Co (P) Vivienne Karin Ingram (D)

IN THE SUPREME COURT
OF NEW SOUTH WALES
EQUITY DIVISION

HAMILTON J

WEDNESDAY, 28 MAY 2003

2908/03 ANIMAL LIBERATION LIMITED v DIRECTOR GENERAL OF NATIONAL PARKS AND WILDLIFE SERVICE

JUDGMENT

1 HIS HONOUR: My view about the appropriate duration of the injunction that I propose to grant in the matter were set out in [10] of the reasons for judgment I gave on 26 May 2003: Animal Liberation Ltd v National Parks & Wildlife Service [2003] NSWSC 457.

2 I have been able to procure dates for the final hearing of the matter for four days commencing on 28 July 2003 before the Chief Judge in Equity. That is a couple of weeks beyond the time that I initially proposed as the duration of the injunction I was prepared to grant. In view of the fact a final hearing can be had about eight weeks off I propose to grant an injunction to the last day of that hearing. I do not think it appropriate to grant the injunction until further order. If extension on an interlocutory basis beyond that time is sought, in my view it should be the plaintiff who bears the onus of establishing its necessity, rather than the defendant bearing the onus to obtain a discharge of an existing injunction. This is by reason of the exiguous nature of the evidence able to be gathered and presented to the Court by both sides at the interlocutory hearing that took place before me.

3 I propose to make initial directions for the conduct of the final hearing. The first direction will be for affidavits and an outline of contentions from the plaintiff in about three weeks. Thereafter the matter will be placed in the list before the Chief Judge in Equity for further pre trial directions. Both parties will have liberty to restore on 12 hours’ notice to deal with any problems that arise in the preparation of the case.

4 I propose to allow the plaintiff three weeks for its affidavits and outline. I note that Mr Jauncey, of counsel for the plaintiff, had asked for four weeks for the filing of affidavits. It is most important that the plaintiff obtain all affidavits it can within the three week period and file and serve what evidence it has within the time limit. It may be indicated to the Chief Judge in Equity in due course if any evidence is outstanding and when it may be able to be filed. One thing that I took into account in allowing this comparatively long time, as against the total time available for preparation, is that it is clear that the defendant, by reason of the lines of battle drawn during the interlocutory application, will be able to proceed with the preparation of a good deal of the necessary defence material even before receiving the plaintiff's affidavits.

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Last Modified: 06/04/2003