Lindon, L.J. v The Hon. P. Keating MP & Ors [1995] FCA 528

Lindon, L.J. v The Hon. P. Keating MP & Ors [1995] FCA 528

There is no factual or legal basis for granting the applicant an injunction or declaratory relief regarding an invitation to the forum; costs follow the event as the applicant's claim was purely personal and unsuccessful.

Parties
Applicant: Leonard John Lindon; Respondent: The Hon Paul Keating MP; Respondent: The Commonwealth of Australia; Respondent: Civics Expert Group; Respondent: Secretary of the Department of Prime Minister and Cabinet; Respondent: Mr Tom Iannou; Respondent: Minister for Schools, Vocational Education and Training; Respondent: Minister for Employment, Education and Training; Respondent: Mr Noel Simpson
Jurisdiction
Australia
Judgment Date
02 June 1995
Procedural Posture
Application for Interlocutory Relief / Interlocutory Judgment
Outcome
application for interlocutory relief refused with costs
Legal Topics
Interlocutory Injunctions, Declaratory Relief, Discretion of Court on Costs
Administrative Law Interlocutory Injunctions Declaratory Relief Discretion of Court on Costs

Case Brief

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Parties

Leonard John Lindon

Applicant

The Hon Paul Keating MP

Respondent

The Commonwealth of Australia

Respondent

Civics Expert Group

Respondent

Secretary of the Department of Prime Minister and Cabinet

Respondent

Mr Tom Iannou

Respondent

Minister for Schools, Vocational Education and Training

Respondent

Minister for Employment, Education and Training

Respondent

Mr Noel Simpson

Respondent

Procedural Posture

Application for Interlocutory Relief / Interlocutory Judgment

Legal Issues

  1. 1 Whether applicant is entitled to an invitation to a government forum
  2. 2 Whether declaratory relief can be granted at interlocutory stage
  3. 3 Appropriate exercise of discretion in ordering costs

Ratio Decidendi

There is no factual or legal basis for granting the applicant an injunction or declaratory relief regarding an invitation to the forum; costs follow the event as the applicant's claim was purely personal and unsuccessful.

Court Disposition

application for interlocutory relief refused with costs

Orders

  • Application for interlocutory relief refused
  • Applicant to pay costs