Victorian campaigner Anthony Murphy has hit a High Court roadblock in his fight to halt construction on the East West Link.
The Victorian Court of Appeal last month granted the Brunswick resident a retrial in his battle against the project but refused to grant an injunction barring the government from signing a contract for the construction of the $8 billion roadway.
Ron Merkel QC, appearing before the High Court in Sydney on Friday for Mr Murphy, argued that the matter was too urgent to be sent back to a lower court for retrial.
"The project will be over by then," he said.
"It will be impossible to unscramble the egg."
But Justice Susan Crennan was unconvinced, saying the High Court was not satisfied the Victorian court had made any error of law.
"We are not persuaded that this application engaged the interests of justice," she said.
"Special leave to appeal is refused."
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