Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
EHW18 v Minister for Home Affairs [2018] FCA 1350
File number: VID 1070 of 2018
Judge: MORTIMER J
Date of judgment: 31 August 2018
Date of publication of reasons: 5 September 2018
Catchwords: PRACTICE AND PROCEDURE – application for interlocutory injunction requiring the provision to the applicant of urgent medical treatment – duty of care allegedly owed by respondents to an applicant brought to Papua New Guinea under the Migration Act 1958 (Cth) – principles relevant to the grant of an interlocutory injunction – whether sufficient likelihood of success to justify grant – where the balance of convenience lies – injunction granted to require the respondents to transfer applicant to a location in Australia where he can be provided with urgent medical treatment
Legislation: Federal Court of Australia Act 1976 (Cth), ss 37AF(1), 37AG(1)(c) Migration Act 1958 (Cth), ss 198AD, 198B Migration Act 1978 (Papua New Guinea)
Cases cited: Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 AYX18 v Minister for Home Affairs [2018] FCA 283 BAF18 as litigation representative for BAG18 v Minister for Home Affairs [2018] FCA 1060 Beecham Group Ltd v Bristol Laboratories Pty Ltd [1968] HCA 1; 118 CLR 618 Businessworld Computers Pty Ltd v Australian Telecommunications Commission [1988] FCA 206; 82 ALR 499 DCQ18 v Minister for Home Affairs [2018] FCA 918 DJA18 as litigation representative for DIZ18 v Minister for Home Affairs [2018] FCA 1050 DRB18 v Minister for Home Affairs [2018] FCA 1163 DWE18 as litigation representative for DWD18 v Minister for Home Affairs [2018] FCA 1121 Films Rover International Ltd v Cannon Film Sales Ltd [1986] 3 All ER 772 Friends of Leadbeater's Possum Inc v VicForests (No 3) [2018] FCA 652 FRX17 as litigation representative for FRM17 v Minister for Immigration and Border Protection [2018] FCA 63 Plaintiff S99/2016 v Minister for Immigration and Border Protection [2016] FCA 483; 243 FCR 17
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