Hollier, William for the Holliers of Bass Stait Islands & Anor v Minister for Workplace Relations & Small Business [1998] FCA 429

FEDERAL COURT OF AUSTRALIA PRACTICE AND PROCEDURE ‑ Dismissal of claim to proprietary interest in land ‑ Appeal to Full Court ‑ Application for injunction pending appeal restraining owner from ejecting applicants ‑ Concurrent application for order that Minister direct owner not to eject applicants ‑ Land originally owned by Commonwealth ‑ Transferred to statutory authority ‑ Minister empowered to transfer "obligation" to authority where Commonwealth bound by "obligation" immediately before transfer ‑ Whether claimed interest an "obligation" of Commonwealth ‑ Mandatory interlocutory injunction ‑ Principles applicable to grant ‑ Whether court must feel high degree of assurance that applicant will succeed at trial. Australian Maritime Safety Authority Act 1990, ss 8, 31, 32, 36 Shepherd Homes Ltd v Sandham [1971] Ch 340 considered Queensland v Australian Telecommunications Commission (1985) 59 ALJR 562; (1985) 59 ALR 243 mentioned Midland Milk Pty Ltd v Victorian Dairy Industry Authority (1987) 82 ALR 279 mentioned Australian Airlines Commission v The Commonwealth (1986) 17 FCR 445 mentioned Films Rover International Ltd v Cannon Film Sales Ltd [1987] 1 WLR 670 considered Business World Computers Pty Ltd v Australian Telecommunications Commission (1988) 82 ALR 499 considered A V Jennings Ltd v First Provincial Building Society Ltd (1996) ATPR 41‑494 mentioned Bales & Partners Pty Ltd v Law Book Co Ltd (1994) 29 IPR 11 mentioned Active Leisure (Sports) Pty Ltd v Sportman's Australia Ltd [1991] 1 Qd R 301 mentioned Racecourse Totalizators Pty Ltd v Totalisator Administration Board (1995) ATPR 41‑426 mentioned American Cyanamid Co v Ethicon Ltd [1975] AC 396 mentioned WILLIAM HOLLIER FOR THE HOLLIERS OF THE BASS STRAIT ISLANDS and THE ENGEN INSTITUTE (ARBN: A25398A) v MINISTER FOR WORKPLACE RELATIONS AND SMALL BUSINESS VG 716 OF 1997 SUNDBERG J 27 APRIL 1998 MELBOURNE