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Climate Activists

Climate Activists
2009 Coal Blockade of Newcastle Harbour


Friday, November 18, 2011

Occupy Laman Street - Court Victory for Save Our Figs

The judgement in the Land and Environment Court to grant an injunction saving Laman Street figs against an immmediate tree felling order upholds democratic rights:

Finally, the respondents submit that relief should be refused on discretionary grounds because (a) officers of the applicant were engaged in acts of civil disobedience by breaching exclusion zones and perimeter fencing;

If the first point is factually correct, I do not regard it as weighty. In a democracy, the Court should be slow to countenance refusing interlocutory relief to which an applicant is otherwise entitled because it engaged in peaceful protest in a context where a respondent arguably was behaving unlawfully in its administrative decision - making. (my emphasis more here)

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