Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Physical Disability Council of NSW v Sydney City Council [1999] FCA 112
INTERLOCUTORY INJUNCTIONS - Application for an interlocutory injunction seeking orders for the preservation of a pedestrian bridge - arguable case of discrimination under the Disability Discrimination Act 1992 (Cth) - applicant arguably required by HREOC to demonstrate an appropriate case for exercise of "the extraordinary power" to grant an interim determination - arguable this misconceived the nature of HREOC's powers and imposed too high a burden on the applicant - possible failure to take full account of applicant's case - balance of convenience against intervention by Court - likelihood of future destruction of bridge in any event - expense to the respondent - feasible alternatives to litigious solution Disability Discrimination Act 1992 (Cth) PHYSICAL DISABILITY COUNCIL OF NSW v SYDNEY CITY COUNCIL N 84 OF 1999 MADGWICK J 5 FEBRUARY 1999 SYDNEY
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 84 OF 1999
BETWEEN: PHYSICAL DISABILITY COUNCIL OF NSW
Applicant
AND: SYDNEY CITY COUNCIL
First Respondent
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
Second Respondent JUDGE: MADGWICK J
DATE OF ORDER: 5 FEBRUARY 1999
WHERE MADE: SYDNEY
THE COURT ORDERS THAT: 1. The application for an interlocutory injunction be dismissed. 2. The matter be stood over for further directions on Friday 19 February 1999.
IN THE FEDERAL COURT OF AUSTRALIA
NEW SOUTH WALES DISTRICT REGISTRY N 84 OF 1999
BETWEEN: PHYSICAL DISABILITY COUNCIL OF NSW
Applicant
AND: SYDNEY CITY COUNCIL
First Respondent
HUMAN RIGHTS AND EQUAL OPPORTUNITY COMMISSION
Second Respondent
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