Lindon L J v Hon. Kerr, J D C MP & Ors [1995] FCA 22

Lindon L J v Hon. Kerr, J D C MP & Ors [1995] FCA 22

The applicant failed to identify a justiciable right recognised by Australian law that would warrant an injunction against bankruptcy proceedings. Rights under the ICCPR are not enforceable in Australian courts, and no serious question was raised regarding negligence or fiduciary duty. Accordingly, the application for an injunction must be dismissed.

Parties
Applicant: Leonard John Lindon; First Respondent: Hon JDC Kerr MP - Minister for Justice; Second Respondent: Hon MH Lavarch MP - Attorney-General; Third Respondent: Michael Rozenes QC - DPP; Fourth Respondent: Ashley Heath; Fifth Respondent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
07 February 1995
Procedural Posture
Application for Injunction / Final Judgment
Outcome
application dismissed with costs
Legal Topics
Injunction, Costs, International Human Rights, Statutory Interpretation, Jurisdiction, Trespass, Ombudsman Complaint
Administrative Law Constitutional Law Bankruptcy Injunction Costs International Human Rights Statutory Interpretation Jurisdiction +2 more

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Parties

Leonard John Lindon

Applicant

Hon JDC Kerr MP - Minister for Justice

First Respondent

Hon MH Lavarch MP - Attorney-General

Second Respondent

Michael Rozenes QC - DPP

Third Respondent

Ashley Heath

Fourth Respondent

Commonwealth of Australia

Fifth Respondent

Procedural Posture

Application for Injunction / Final Judgment

Legal Issues

  1. 1 Whether the applicant is entitled to an injunction restraining the institution of bankruptcy proceedings for outstanding costs pending the determinations of the Commonwealth Ombudsman and the United Nations Human Rights Committee
  2. 2 Whether rights in the ICCPR are enforceable in Australian courts
  3. 3 Whether the threat or institution of bankruptcy proceedings infringes asserted rights under Australian law or international instruments

Ratio Decidendi

The applicant failed to identify a justiciable right recognised by Australian law that would warrant an injunction against bankruptcy proceedings. Rights under the ICCPR are not enforceable in Australian courts, and no serious question was raised regarding negligence or fiduciary duty. Accordingly, the application for an injunction must be dismissed.

Court Disposition

application dismissed with costs

Orders

  • The application is dismissed.
  • The applicant is to pay the respondents' costs of the application, such costs to be taxed in default of agreement.