Fullerton Cove Residents Action Group Incorporated v Dart Energy Ltd (No 2)

The Fullerton Cove Residents Action Group Incorporated brought an application against Dart Energy Ltd, seeking to discharge an injunction previously granted by Sheahan J on 5 September 2012. The residents' action group sought to challenge Dart Energy's proposed gas exploration activities in Fullerton Cove, Sydney, contending that the company had not adequately considered the environmental impact and local community concerns. The court was tasked with determining whether the injunction, which had restrained Dart Energy from proceeding with certain activities, should be discharged.

The central legal issue before the court was whether the injunction should be discharged in light of Dart Energy's compliance with the conditions set by the earlier order. The residents' action group argued that Dart Energy had failed to adequately address environmental and community concerns, while Dart Energy contended that it had complied with the conditions of the injunction and that discharging the injunction would not prejudice their rights. The court had to balance the residents' right to a healthy environment with Dart Energy's right to carry out its proposed activities.

The court found that Dart Energy had indeed complied with the conditions of the injunction, and therefore, there was no longer a need for the injunction to remain in place. The court determined that discharging the injunction would not result in any prejudice to the residents' action group, as the conditions for the injunction had been met. Consequently, the court dismissed the amended summons and discharged the injunction forthwith. The court reserved the matter of costs for further determination.