Walker Corporation v Director-General, Department of Environment and Climate Change

In *Walker Corporation v Director-General, Department of Environment and Climate Change*, the appellant, Walker Corporation, sought interlocutory relief pending the determination of its appeal. The dispute concerned the Director-General's potential authorisation of persons to enter land owned by Walker Corporation to investigate alleged contraventions of the *Native Vegetation Act 2003* (NSW) concerning clearing activities between February 2005 and September 2006. The application was heard by Hodgson JA in the Court of Appeal of New South Wales.

The primary legal issue before the Court was whether to grant an interlocutory injunction to restrain the respondents from entering the appellant's land for the purpose of investigating alleged clearing contraventions, pending the hearing of the appeal. This required the Court to consider the balance of convenience.

Hodgson JA applied the principles governing the grant of interlocutory injunctions, particularly in the context of an appeal. His Honour noted the appellant's undertaking as to damages, which is a standard requirement for such relief. The Court considered the potential prejudice to both parties and determined that the balance of convenience favoured granting the injunction. This was to preserve the status quo and prevent potential harm to the appellant while the appeal was being determined.

The Court ordered that pending the determination of the appeal, the Director-General and other respondents were restrained from authorising or entering the appellant's land for the purpose of investigating clearing contraventions between the specified dates. The appeal was expedited, and the costs of the application were made costs in the appeal.