Hollier, William & Anor v The Australian Maritime Safety Authority & Ors [1998] FCA 428

FEDERAL COURT OF AUSTRALIA

PRACTICE AND PROCEDURE ‑ Dismissal of claim to proprietary interest in land ‑ Appeal to Full Court ‑ Injunction pending appeal ‑ Principles for grant of injunction.

Land Titles Act 1980 (Tas), ss 40, 41.

Alexander v Cambridge Credit Corp Ltd (1985) 2 NSWLR 685 Griffiths v Australian Postal Commission (1987) 87 FLR 139 Enterprise Gold Mines NL v Mineral Horizons NL [No 1] (1988) 91 FLR 403 Orion Property Trust Ltd v Du Care Court Ltd [1962] All ER 466 Wilson v Church [No 2] (1879) 12 Ch D 454 Erinford Properties Ltd v Cheshire County Council [1974] Ch 261 Bercove v Hermes [No 2] (1983) 51 ALR 105 North Flinders Mines Ltd v Hartogen Energy Ltd (1988) 52 SASR 14 Felkro Nominees Pty Ltd v Deputy Commissioner of Taxation (unreported, Sundberg J, 4 September 1996) Paringa Mining & Exploration Co Plc v North Flinders Mines Ltd (1988) 165 CLR 452 WILLIAM HOLLIER and THE ENGEN INSTITUTE (ARBN: A25398A) v AUSTRALIAN MARITIME SAFETY AUTHORITY, STATE OF TASMANIA and MINISTER FOR WORKPLACE RELATIONS VG 667 OF 1997 SUNDBERG J 27 APRIL 1998 MELBOURNE

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY VG 667 of 1997

BETWEEN: william hollier

First Applicant

the engen institute (arbn: a25398a)

Second Applicant

AND: australian maritime safety authority

First Respondent

state of tasmania

Second Respondent

minister for workplace relations

Third Respondent

JUDGE: SUNDBERG J

DATE OF ORDER: 27 APRIL 1998

WHERE MADE: MELBOURNE

Upon the applicants undertaking: (a) to abide by any order the Court may make as to damages in case the Court shall hereafter be of the opinion that the respondents shall have suffered any by reason of this order which the applicants ought to pay, and (b) to prosecute the appeal and application for leave to appeal herein with due expedition, the first respondent undertakes that until the hearing and determination of the appeal or further order it will not transfer the land to the State of Tasmania. THE COURT ORDERS THAT 1. The costs of the motion notice of which was filed on 27 March 1997 be reserved for determination on the appeal. 2. There be liberty to apply. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.