Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Uren v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 691 File number: NSD 841 of 2017
Judge: BURLEY J
Date of judgment: 19 June 2017
Catchwords: PRACTICE AND PROCEDURE – application for a stay of enforcement of order for possession pending application for leave to appeal – grounds of appeal not raised before primary judge – whether grounds sufficiently arguable – balance of convenience – application dismissed
Legislation: Constitution Chapter III s 77 Federal Court of Australia Act 1976 (Cth) ss 25, 29 Federal Circuit Court of Australia Act 1999 (Cth) s 10 Judiciary Act 1903 (Cth) s 78B Residential Tenancies Act 2010 (NSW) ss 117, 120, 121, 123 Federal Circuit Court (Commonwealth Tenancy Disputes) Instrument 2015 (Cth) cl 8
Cases cited: Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors [2015] FCCA 3280 Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors (No 2) [2017] FCCA 1014 Coulton v Holcombe [1986] HCA 33; (1986) 162 CLR 1 Dattilo v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 329 Finley v Russell-Jones [1949] 49 SR (NSW) 96 Hird v Chief Executive Officer of the Australian Sports Anti-Doping Authority [2015] FCAFC 7; (2015) 227 FCR 95 Kenney v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2016] FCA 14 Metwally v University of Wollongong [1985] HCA 28; (1985) 60 ALR Odzic v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] FCA 439 Uren v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development [2017] FCAFC 30 Windmill Investments (London) Ltd v Milano Restaurant [1962] 2 QB 373 Dattilo & Anor v Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) [2017] HCATrans 67
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