Chadwick v State of New South Wales [2023] FCA 945

Chadwick v State of New South Wales [2023] FCA 945

Because NCAT had dismissed the application to terminate the appellant's tenancy agreement and no notice, application, or other action was on foot to terminate the tenancy or evict her, the interim injunction sought under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) would have no foreseeable legal consequence. No immediate right, duty or liability remained to be determined, so the proceeding was moot and the Court lacked jurisdiction. No order as to costs was appropriate because the respondents knew the appeal was moot but did not raise the jurisdictional objection or file evidence of the absence of further termination action, depriving the self-represented appellant of...

Jurisdiction
Australia
Judgment Date
08 August 2023
Procedural Posture
Appeal From Refusal of an Interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth) / Appeal Dismissed for Lack of Jurisdiction Because the Matter Was Moot
Outcome
Appeal dismissed on the ground that the Court lacked jurisdiction; no order as to costs.
Legal Topics
['mootness' 'federal Jurisdiction and Ch III Matter' 'interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth)' 'termination of Social Housing Tenancy Agreement' 'costs Following the Event']
['practice and Procedure' 'jurisdiction' 'costs' 'human Rights and Discrimination' 'residential Tenancy and Social Housing'] ['mootness' 'federal Jurisdiction and Ch III Matter' 'interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth)' 'termination of Social Housing Tenancy Agreement' 'costs Following the Event']

Case Brief

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Procedural Posture

Appeal From Refusal of an Interim Injunction Under S 46 PP of the Australian Human Rights Commission Act 1986 (cth) / Appeal Dismissed for Lack of Jurisdiction Because the Matter Was Moot

Legal Issues

  1. 1 ["Whether the Court had jurisdiction to hear the appeal after NCAT dismissed the application to terminate the appellant's tenancy agreement and no further action to terminate the tenancy was on foot" 'Whether there should be an order for costs in favour of the respondents after the appeal was dismissed']

Ratio Decidendi

Because NCAT had dismissed the application to terminate the appellant's tenancy agreement and no notice, application, or other action was on foot to terminate the tenancy or evict her, the interim injunction sought under s 46PP of the Australian Human Rights Commission Act 1986 (Cth) would have no foreseeable legal consequence. No immediate right, duty or liability remained to be determined, so the proceeding was moot and the Court lacked jurisdiction. No order as to costs was appropriate because the respondents knew the appeal was moot but did not raise the jurisdictional objection or file evidence of the absence of further termination action, depriving the self-represented appellant of...

Court Disposition

Appeal dismissed on the ground that the Court lacked jurisdiction; no order as to costs.

Orders

  • ["The appellant's notice of appeal and supplementary notice of appeal be dismissed." 'There be no order as to costs.']