NSW SMALLBORE & AIR RIFLE ASSOCIATION v COMMONWEALTH OF AUSTRALIA [1996] NSWCA 405

NSW SMALLBORE & AIR RIFLE ASSOCIATION v COMMONWEALTH OF AUSTRALIA [1996] NSWCA 405

A stay should be granted given the lack of urgency exhibited by the Commonwealth over a protracted period, potential significant and irreparable loss to the claimants should possession be taken, and a public interest in continued use of the facilities. Neither party is greatly prejudiced by the grant of a stay.

Parties
Claimant: NSW Smallbore & Air Rifle Association Incorporated; Claimant: NSW Rifle Association Incorporated; Opponent: Commonwealth of Australia
Jurisdiction
Australia
Judgment Date
11 March 1996
Procedural Posture
Civil Appeal / Application for Stay Pending Appeal
Outcome
Stay granted; order for expedition declined; costs to claimants; hearing before Registrar vacated.
Legal Topics
Possession of Land, Injunction/stay of Proceedings, Termination of Occupancy Arrangements
Property Law Possession of Land Injunction/stay of Proceedings Termination of Occupancy Arrangements

Case Brief

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Parties

NSW Smallbore & Air Rifle Association Incorporated

Claimant

NSW Rifle Association Incorporated

Claimant

Commonwealth of Australia

Opponent

Procedural Posture

Civil Appeal / Application for Stay Pending Appeal

Legal Issues

  1. 1 Whether a stay should be granted pending determination of the appeal
  2. 2 Whether the case should be expedited

Ratio Decidendi

A stay should be granted given the lack of urgency exhibited by the Commonwealth over a protracted period, potential significant and irreparable loss to the claimants should possession be taken, and a public interest in continued use of the facilities. Neither party is greatly prejudiced by the grant of a stay.

Court Disposition

Stay granted; order for expedition declined; costs to claimants; hearing before Registrar vacated.

Orders

  • The judgment for possession in favour of the opponent made in the Equity Division proceedings 3503/93 and 3741/93 on 22 July 1994 be stayed pending determination of the appeals.
  • Order for expedition refused.