Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2016] FCA 14

FEDERAL COURT OF AUSTRALIA

Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2016] FCA 14 File numbers: NSD 51 of 2016 NSD 52 of 2016 NSD 57 of 2016 NSD 58 of 2016 NSD 59 of 2016 NSD 60 of 2016 NSD 61 of 2016 NSD 62 of 2016 NSD 63 of 2016 NSD 64 of 2016 NSD 65 of 2016 NSD 66 of 2016 NSD 68 of 2016 NSD 90 of 2016 NSD 95 of 2016 NSD 98 of 2016 NSD 101 of 2016

Judge: ROBERTSON J

Date of judgment: 22 January 2016

Catchwords: PRACTICE AND PROCEDURE – appeals from Federal Circuit Court of Australia – application for interlocutory orders staying orders made by judge of the Federal Circuit Court – orders made for vacant possession of premises – development of entire site for the Western Sydney airport at Badgerys Creek – whether ground or grounds of appeal arguable – balance of convenience – consideration of prejudice to appellants and to respondent Commonwealth – Held: stay granted on conditions for expedition of the hearing of the appeals

Legislation: Federal Court of Australia Act 1976 (Cth) ss 24, 29 Residential Tenancies Act 2010 (NSW)

Cases cited: Australian Competition and Consumer Commission v BMW (Australia) limited (No. 2) [2003] FCA 864 Australian Workers' Union v Pilkington (Aust) Ltd (2001) 101 FCR 35 Flight Centre Ltd v Australian Competition and Consumer Commission [2014] FCA 658 Watts v Bendigo and Adelaide Bank Ltd [2010] FCA 1013