The Court expressed a preliminary view that a self-represented individual plaintiff lacked standing to seek an interlocutory injunction to restrain aerial culling of wild horses in Kosciuszko National Park, on the basis that a deep emotional concern alone, without a 'special interest' distinguishable from that of ordinary members of the public, is insufficient under the common law standing test as articulated in VicForests v Kinglake Friends of the Forest Inc and South East Forest Rescue Inc v Forestry Corporation of NSW (No 2). However, the Court did not finally determine the standing question, instead standing the motion over to allow the plaintiff an opportunity to address the issue more fully and to allow the defendants to formulate their position.
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