The judgment provides a comprehensive framework of factors relevant to the balance of convenience in interlocutory injunction applications in environmental cases, including: irreparable injury to the environment, adequacy of damages, undertaking as to damages in open standing proceedings, status quo, nature of relief (prohibitory vs mandatory), relative strength of each party's case, equitable considerations including delay, prejudice to third parties, public interest, and time period before final hearing. In open standing environmental proceedings, the failure to give an undertaking as to damages is not determinative but is a factor, and the applicant's status as a trade competitor is relevant to weighing that failure. A development consent remains operative and authorises lawful development until judicially set aside.
The full text is available to signed-in members, including the 51 later cases that cite this judgment.
6 of the 51 citing cases carry a classified treatment. How each court treated it is available to signed-in members.