Hollier, William & Anor v The Australian Maritime Safety Authority & Ors [1998] FCA 428

Hollier, William & Anor v The Australian Maritime Safety Authority & Ors [1998] FCA 428

The injunction to restrain AMSA from acting upon the notice to vacate is refused as there is no real risk of self-help, and the appellants will not be rendered homeless if successful on appeal. An undertaking is accepted from AMSA not to transfer the land to the State of Tasmania pending the determination of the appeal to prevent the appeal from being rendered nugatory.

Jurisdiction
Australia
Judgment Date
27 April 1998
Procedural Posture
Motion for Interlocutory Injunction Pending Appeal / Post Trial, Pending Appeal
Outcome
Interlocutory orders; injunction refused in part and granted in part; undertakings accepted.
Legal Topics
['interlocutory Injunction' 'stay of Execution' 'appeal Procedure' 'land Transfer' 'proprietary Interest']
['practice and Procedure' 'property Law'] ['interlocutory Injunction' 'stay of Execution' 'appeal Procedure' 'land Transfer' 'proprietary Interest']

Case Brief

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Procedural Posture

Motion for Interlocutory Injunction Pending Appeal / Post Trial, Pending Appeal

Legal Issues

  1. 1 ['Whether interlocutory injunction should be granted to restrain respondents from acting on notice to vacate pending appeal' 'Whether interlocutory injunction should be granted to restrain transfer of title to land pending appeal']

Ratio Decidendi

The injunction to restrain AMSA from acting upon the notice to vacate is refused as there is no real risk of self-help, and the appellants will not be rendered homeless if successful on appeal. An undertaking is accepted from AMSA not to transfer the land to the State of Tasmania pending the determination of the appeal to prevent the appeal from being rendered nugatory.

Court Disposition

Interlocutory orders; injunction refused in part and granted in part; undertakings accepted.

Orders

  • ['The costs of the motion notice of which was filed on 27 March 1997 be reserved for determination on the appeal.' 'There be liberty to apply.' "Upon the applicants' undertakings as to damages and expedition, AMSA undertakes that until the hearing and determination of the appeal or further order, it will not...