Nettheim v Minister for Planning and Local Government

This matter came before the High Court of Australia concerning an application for an injunction. The applicant, David Cosman Nettheim, representing Actors Equity of Australia, sought to prevent the demolition of the Regent Theatre. The respondents were the Minister for Planning and Local Government and Bevelon Investments Pty Ltd.

The primary legal issue before the Court was whether to grant an interim injunction to preserve the Regent Theatre from demolition pending the hearing of an application for special leave to appeal. The applicant sought an expedited hearing of this special leave application.

The Court, presided over by His Honour, agreed to expedite the hearing of the special leave application. Counsel for the second respondent, Bevelon Investments Pty Ltd, provided an undertaking to the Court not to demolish the Regent Theatre until the hearing of the special leave application. This undertaking was to be in terms of a specific amendment to a proposed order, effectively preserving the theatre pending the Court's decision on special leave. The summons was then stood over to the hearing of the special leave application, with the question of costs to be dealt with at that time.