Li v Commonwealth of Australia (No 1) [2012] FCA 1390

Li v Commonwealth of Australia (No 1) [2012] FCA 1390

The applicant has an arguable case, but the balance of convenience does not favour the granting of interim injunctive relief in relation to employment renewal, posting location, or segregation, as none of the orders sought are presently justified or supported by pressing grounds.

Jurisdiction
Australia
Judgment Date
07 December 2012
Procedural Posture
Interlocutory Application / Interim Injunction, Dismissed
Outcome
Interlocutory application dismissed
Legal Topics
['interim Injunction' 'balance of Convenience']
['practice and Procedure'] ['interim Injunction' 'balance of Convenience']

Case Brief

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Procedural Posture

Interlocutory Application / Interim Injunction, Dismissed

Legal Issues

  1. 1 ['Whether balance of convenience favours grant of interim injunctive relief' "Whether the Commonwealth has decided not to renew Major Li's employment" 'Whether posting Major Li in Sydney away from his family justifies interim relief' 'Whether segregation order imposed on Major Li requires interim intervention']

Ratio Decidendi

The applicant has an arguable case, but the balance of convenience does not favour the granting of interim injunctive relief in relation to employment renewal, posting location, or segregation, as none of the orders sought are presently justified or supported by pressing grounds.

Court Disposition

Interlocutory application dismissed

Orders

  • ['The interlocutory application be dismissed.' 'Costs be costs in the cause.' 'The matter be listed for further directions on Thursday 13 December 2012 at 9.30 am.']