Sam McCarthy (led by A Pomerenke KC) appeared for the Plaintiff/Applicant, instructed by Allens.
This case concerns an application made by the plaintiff pursuant to a liberty to apply provision in orders made on 10 April 2024. The application sought further declaratory and injunctive orders. It involved issues pertaining to the construction of the orders made on 10 April 2024, the plaintiff’s entitlement to further orders, whether the defendants have established the defence of hardship, and the form of further orders. The court held that the defendants failed to establish the defence of hardship and are thus required to perform the contractual obligations owed to the plaintiff. The court made further orders requiring the defendants to obtain written consent of any mortgagee to a declaration being made under s 19F of the Vegetation Management Act 1999 (Qld).
The judgment can be read by clicking here
