Carmen Jackson v Alex Graham, Deputy Secretary, National Parks and Wildlife Service, NSW Department of Climate Change, Energy, the Environment and Water

[2026] NSWLEC 112

NSW Land and Environment Court

Built by Barristers,
For Australian Law.

1. INTERLOCUTORY INJUNCTION — application for urgent ex parte interlocutory relief to stop the aerial shooting, ground shooting, trapping or killing of wild horses in Yuraygir National Park and Yuraygir State Conservation Area — legal principles for the granting of an ex parte interim injunction — inadequate notice given to respondent of application for injunctive relief — no serious question to be tried — the balance of convenience favours the respondent — interim relief refused — application stood over to permit respondent to be present — upon respondent being represented undertaking given in terms of order 1 of the notice of motion — by consent motion dismissed.
1. PROCEDURE — by consent proceedings fast-tracked without the need for formal expedition being sought by the respondent — consequential timetabling orders made.

An applicant's inability to locate a statutory authorisation for government action does not, without more, give rise to a serious question to be tried that the action is unlawful; the court will not infer the absence of lawful authority merely from the applicant's failure to find the relevant instrument.
Ex parte injunctive relief requires either that notice would enable the defendant to defeat the injunction's purpose, or that there has literally been no time to give notice; attempts to contact a government respondent only late on a Sunday evening, when the applicant became aware of the relevant facts on Saturday morning, constitute inadequate notice.
Even where the consequence of refusing an injunction is irreversible harm to the subject matter (here, the killing of wild horses), the balance of convenience may still favour the respondent where the applicant has not established a serious question to be tried and the respondent has incurred substantial preparation costs and the environmental harm from inaction is ongoing.