Faye Carr on behalf of the Yuggera Ugarapul People v Frasers Deebing Heights Pty Ltd

The applicant sought an interlocutory injunction preventing the respondent from undertaking development works. The works were proposed to be undertaken on land which was previously an Aboriginal mission and which the applicant claimed to be of cultural significance. The application was dismissed. The applicant argued that the proposed works would damage sites of cultural significance. The respondent gave undertakings about the scope of the works during the period of the proposed injunction and about obtaining further information about potential sites of significance before undertaking certain works. The court considered whether there was a serious question to be tried and whether the balance of convenience favoured an injunction. The court was satisfied that the applicant had established the existence of sites of cultural significance. However, the court found that the respondent had given undertakings that provided sufficient protection of the applicant’s rights and that the balance of convenience favoured refusing the application for an interlocutory injunction.
The court dismissed the application for an interlocutory injunction and reserved costs. The case was listed for review in two weeks’ time. Any party could apply for further review by giving at least two business days’ written notice to the Land Court Registry and to the other parties of the proposed date for review, the reasons for the request, and the proposed directions.