Phuong Mai Greenfield Pty Ltd v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 451

FEDERAL COURT OF AUSTRALIA

Phuong Mai Greenfield Pty Ltd v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 451 Appeal from: Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Phuong Mai Greenfield Pty Ltd [2016] FCCA 2228

File number(s): NSD 1574 of 2016

Judge(s): JAGOT J

Date of judgment: 4 May 2017

Catchwords: CONSTITUTIONAL LAW – Commonwealth tenancy dispute – jurisdiction of the Federal Circuit Court of Australia

Legislation: Constitution ss 51(xxxi); 75(iii); 77(i) Federal Circuit Court (Commonwealth Tenancy Disputes) Instrument 2015 (Cth) cll 5; 6; 7; 8 Federal Circuit Court of Australia Act 1999 (Cth) ss 5; 10AA Judiciary Act 1903 (Cth) s 80 Residential Tenancies Act 2010 (NSW) ss 3; 6; 7; 13

Cases cited: Commonwealth v Hevers (2015) 301 FLR 83; [2015] FCCA 1814 Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Phuong Mai Greenfield Pty Ltd [2016] FCCA 2228 Commonwealth v Rigney (No 3) [2015] FCCA 3133 Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] HCATrans 067 Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development [2017] FCA 329 Patrick Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCAFC 16