Shirvington v Commonwealth of Australia (No 2) [2015] FCA 522

Shirvington v Commonwealth of Australia (No 2) [2015] FCA 522

There was no evidence of unlawful conduct or threatened breaches by the Commonwealth against Mr Shirvington, and mere pursuit of possession through legal process did not warrant an injunction. No serious question to be tried was shown. There was no substantial injustice in refusing leave to appeal from the interlocutory decision refusing the injunction.

Jurisdiction
Australia
Judgment Date
28 May 2015
Procedural Posture
Appeal / Application for Leave to Appeal and Associated Interlocutory Injunction
Outcome
Applications for injunction, leave to appeal, and expedition dismissed with costs.
Legal Topics
['injunction' 'leave to Appeal' 'termination of Long Term Tenancies' 'quiet Enjoyment' 'landlord Statutory Obligations']
['landlord and Tenant' 'practice and Procedure'] ['injunction' 'leave to Appeal' 'termination of Long Term Tenancies' 'quiet Enjoyment' 'landlord Statutory Obligations']

Case Brief

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Procedural Posture

Appeal / Application for Leave to Appeal and Associated Interlocutory Injunction

Legal Issues

  1. 1 ["Whether landlord's conduct justified an injunction against eviction or interference with tenant's rights" 'Whether leave to appeal from interlocutory order should be granted']

Ratio Decidendi

There was no evidence of unlawful conduct or threatened breaches by the Commonwealth against Mr Shirvington, and mere pursuit of possession through legal process did not warrant an injunction. No serious question to be tried was shown. There was no substantial injustice in refusing leave to appeal from the interlocutory decision refusing the injunction.

Court Disposition

Applications for injunction, leave to appeal, and expedition dismissed with costs.

Orders

  • ['The applications for the injunction, leave to appeal and expedition be dismissed with costs.']