Jackson v Secretary, Department of Climate Change, Energy, the Environment and Water [2026] NSWLEC 115
Before: Pritchard J · NSW Land and Environment Court
Summary
the applicant seeks that her “application for urgent interim interlocutory relief be heard ex parte in the first instance, or alternatively in such notice to the First Defendant as the Court considers appropriate”. Also on 27 August 2026, the applicant filed a notice of motion seeking urgent interim interlocutory relief: 3. Until further order of the Court, the First Defendant, whether by itself or by its officers, employees, contractors, subcontractors, agents or any person acting on its
Catchwords
INTERLOCUTORY INJUNCTION – application for urgent interim relief to restrain the aerial shooting, ground shooting, trapping or killing of wild horses in Kosciuszko National Park in furtherance of the Kosciuszko Wild Horse Heritage Management Plan 2021 – whether serious question to be tried – effect of ss 45, 81 and 171 of the National Parks and Wildlife Act 1974 – whether persons involved in the operations have requisite authorisation – Carltona principle – balance of convenience favours the Secretary – interim relief refused
Outcome
The Court makes the following orders: (1) The applicant’s notice of motion filed 27 August 2026 seeking interlocutory relief is dismissed. (2) The matter is fixed for final hearing on 1 October 2026. (3) The parties to approach the Registrar for directions in relation to the preparation of the matter for final hearing.
Legislation cited
National Parks and Wildlife Act 1974 (NSW) ss 45, 81, 171 Kosciuszko Wild Horse Heritage Act 2018 (NSW) Prevention of Cruelty to Animals Act 1979 (NSW)
Read the full judgment
Authoritative text on NSW Caselaw · ~47k words
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