Partington v Pacific Link Community Housing Ltd [2013] NSWCA 67

Partington v Pacific Link Community Housing Ltd [2013] NSWCA 67

The appellant was not entitled to interlocutory reinstatement because the balance of convenience was firmly against reinstatement where third-party tenants were already in occupation and Pacific Link would be exposed to relocation costs or damages, and damages would be adequate. Pacific Link established a basis for communication-control orders because of obscene, vulgar and intimidatory communications, while the appellant showed no basis for restraints against named Pacific Link staff. Although the appellant's impecuniosity weighed against security, special circumstances justified security because of the way the appeal had been pursued, abusive correspondence, obstructiveness in service,...

Jurisdiction
Australia
Judgment Date
25 March 2013
Procedural Posture
Interlocutory Applications in Appeal/application for Leave to Appeal / Court of Appeal Referrals List; Motions for Reinstatement, Communication Restraints, Security for Costs, Directions, and Disqualification for Bias
Outcome
Mr Partington's notice of motion dismissed; Pacific Link's amended notice of motion substantially granted; bias disqualification application refused; security for costs and costs ordered.
Legal Topics
['security for Costs' 'interlocutory Mandatory Injunction' 'reinstatement to Premises Pending Appeal' 'communications Between Parties' 'disqualification for Bias' 'appeal From District Court Dismissal']
['practice and Procedure' 'equity' 'residential Tenancy' 'bias'] ['security for Costs' 'interlocutory Mandatory Injunction' 'reinstatement to Premises Pending Appeal' 'communications Between Parties' 'disqualification for Bias' 'appeal From District Court Dismissal']

Case Brief

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Procedural Posture

Interlocutory Applications in Appeal/application for Leave to Appeal / Court of Appeal Referrals List; Motions for Reinstatement, Communication Restraints, Security for Costs, Directions, and Disqualification for Bias

Legal Issues

  1. 1 ['Whether the appellant should be reinstated to premises from which he had been evicted pending the hearing of his appeal.' 'Whether orders should be made restraining or regulating communications between the appellant and representatives of the first respondent.' 'Whether the first respondent had shown special circumstances justifying security for costs of the appeal under r 51.50 of the Uniform Civil Procedure Rules 2005 (NSW).' 'Whether the appellant should be required to comply with requirements in Part 51 of the Uniform Civil Procedure Rules 2005 (NSW) as if leave to appeal were required.' 'Whether Ward JA should disqualify herself for bias after dismissing the reinstatement application.']

Ratio Decidendi

The appellant was not entitled to interlocutory reinstatement because the balance of convenience was firmly against reinstatement where third-party tenants were already in occupation and Pacific Link would be exposed to relocation costs or damages, and damages would be adequate. Pacific Link established a basis for communication-control orders because of obscene, vulgar and intimidatory communications, while the appellant showed no basis for restraints against named Pacific Link staff. Although the appellant's impecuniosity weighed against security, special circumstances justified security because of the way the appeal had been pursued, abusive correspondence, obstructiveness in service,...

Court Disposition

Mr Partington's notice of motion dismissed; Pacific Link's amended notice of motion substantially granted; bias disqualification application refused; security for costs and costs ordered.

Orders

  • ["Mr Partington's application for relief by way of reinstatement to the premises was dismissed." "Orders were made limiting Mr Partington's correspondence with Pacific Link in relation to the proceedings to correspondence with Mr Chris Ryan of Chris Ryan Legal and by the permitted written method, and restraining...