Muldoon v Melbourne City Council [2011] FCA 1306

Muldoon v Melbourne City Council [2011] FCA 1306

The Court held that the applicant had not discharged the burden of showing that interlocutory intervention was appropriate; the balance of convenience weighed against the relief given the ability to arrange an early trial and that the protest could continue, albeit limited, without court intervention at this stage.

Parties
Applicant: James Muldoon; First Respondent: Melbourne City Council; Second Respondent: Ken Lay, Chief Commissioner of Police; Third Respondent: State of Victoria
Jurisdiction
Australia
Judgment Date
11 November 2011
Procedural Posture
Interlocutory Application / Interlocutory Injunction Application Dismissed
Outcome
Interlocutory application dismissed; matter adjourned; costs reserved.
Legal Topics
Interlocutory Injunctions, Balance of Convenience, Protest Rights, Local Government Powers
Constitutional Law Administrative Law Interlocutory Injunctions Balance of Convenience Protest Rights Local Government Powers

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Parties

James Muldoon

Applicant

Melbourne City Council

First Respondent

Ken Lay, Chief Commissioner of Police

Second Respondent

State of Victoria

Third Respondent

Procedural Posture

Interlocutory Application / Interlocutory Injunction Application Dismissed

Legal Issues

  1. 1 Whether an interlocutory injunction should restrain the Melbourne City Council from enforcing clauses of the Melbourne City Council Activities Local Law 2009 against protestors using tents and signs in Treasury Gardens
  2. 2 Whether the balance of convenience favours granting interlocutory relief

Ratio Decidendi

The Court held that the applicant had not discharged the burden of showing that interlocutory intervention was appropriate; the balance of convenience weighed against the relief given the ability to arrange an early trial and that the protest could continue, albeit limited, without court intervention at this stage.

Court Disposition

Interlocutory application dismissed; matter adjourned; costs reserved.

Orders

  • The interlocutory application be dismissed.
  • The matter be adjourned to a date to be fixed.