State of WA v Tipperary Developments Pty Ltd & Anor

The case of *State of WA v Tipperary Developments Pty Ltd & Anor* concerned a dispute between the State of Western Australia and Tipperary Developments Pty Ltd, along with a second respondent. The matter came before McHugh J in chambers.

The central legal issue before the Court was whether the State of Western Australia was entitled to an interlocutory injunction to restrain Tipperary Developments Pty Ltd from proceeding with the construction of a hotel and associated facilities on land it owned in the Kimberley region of Western Australia. The State sought this injunction on the basis that the development would interfere with its statutory rights and obligations concerning the protection of Aboriginal heritage sites located on or near the land.

McHugh J considered the principles governing the grant of interlocutory injunctions, particularly the balance of convenience and the likelihood of success on the merits. His Honour examined the evidence presented by both parties regarding the potential impact of the development on Aboriginal heritage and the adequacy of any proposed mitigation measures. The Court's reasoning focused on whether the State had established a sufficient prima facie case to warrant the extraordinary remedy of an interlocutory injunction, weighing the potential irreparable harm to Aboriginal heritage against the economic interests of the developer.

The Court ultimately granted the interlocutory injunction, restraining the respondents from commencing or continuing construction of the hotel and associated facilities pending the final determination of the proceedings. This decision was based on the Court's assessment that the State had demonstrated a strong likelihood of success in establishing that the development would cause significant damage to protected Aboriginal heritage sites, and that the balance of convenience favoured the preservation of these sites.