Holland and Anor v Secretary, Department of Climate Change, Energy, the Environment and Water [2026] NSWLEC 107 — Urgent Application & Judicial Review — Barrister AI
Holland and Anor v Secretary, Department of Climate Change, Energy, the Environment and Water
INTERLOCUTORY INJUNCTION — Urgent application — Application to restrain the culling of wild horses in Kosciuszko National Park pending final hearing — Whether there is a serious question to be tried — Whether the balance of convenience favours granting injunction
ADMINISTRATIVE LAW — Judicial review — Secretary, Department of Climate Change, Energy, the Environment and Water — Exercise of statutory functions — Interlocutory relief sought pending judicial review
Quick Take
1Photographic evidence of dead horses (including pregnant mares) found in a national park during culling operations, without direct evidence linking the manner of death to non-compliance with animal welfare standards or standard operating procedures, was insufficient to establish a serious question to be tried that culling was conducted 'unreasonably, unnecessarily or unjustifiably' within the meaning of s 4(2) of the Prevention of Cruelty to Animals Act 1979 (NSW).
2A management plan that recognises certain wild horse breeds as having heritage value but does not expressly preclude their culling does not give rise to a breach of the plan when horses of those breeds are killed during authorised operations.
3The question whether the specific method of culling wild horses constitutes a non-reviewable 'operational decision' was raised but expressly left open for determination in the substantive proceedings.
Case Details
Citation[2026] NSWLEC 107
CourtNSWLEC
JurisdictionNew South Wales
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