Residents Against the Tunnel: RATs update on Murphy case. 25 September 2014

Please thank Tony, FLS & Shine Lawyers for their efforts to save us from the EWL monster.

Anthony Murphy v State & LMA.

This case has been considered in the appeal court by three judges over three days. The appeal was about procedural fairness, that the original hearings were flawed in procedure, and that therefore the case should be given the opportunity to be reheard at trial. On the last day, Wednesday 24 September, the deliberations centred on the question of the injunctions – being to stop contracts from being signed until such time as a judge could rule on them if the case is remitted back for a rehearing, and on halting the compulsory acquisition process.

Arguments centred on the appropriateness of the injunctive relief being sought, and the nexus between that relief and the assumed misleading representations. In short, injunctive relief was denied because it was deemed to go beyond what the court considered appropriate relief. They were swayed by arguments from the State, LMA and preferred bidder about the costs that would be incurred if contracts were not signed. Continue Reading…