South East Forest Rescue Incorporated v Forestry Corporation of New South Wales

South East Forest Rescue Incorporated sought an interim injunction against the Forestry Corporation of New South Wales to restrain certain forestry operations. The application was heard by Griffiths AJA in the Supreme Court of New South Wales.

The primary legal issue before the court was whether to grant an interim injunction. This required the court to consider whether there was a serious question to be tried, and if so, to assess the balance of convenience between the parties. The court also had to determine if the applicant's delay in seeking the injunction and the vagueness of the relief sought were relevant considerations.

Griffiths AJA found that while there might be a serious question to be tried, the unexplained delay in seeking interlocutory relief was a significant factor against granting the injunction. Furthermore, the scope of the relief sought was considered too vague and uncertain to be granted. The balance of convenience was found to be neutral. Consequently, the court dismissed the motions filed by South East Forest Rescue Incorporated. The costs associated with these motions were reserved to be determined as part of the overall costs of the proceedings.