Chadwick v State of New South Wales [2022] FCA 1498

Federal Court of Australia Chadwick v State of New South Wales [2022] FCA 1498 File number: NSD 1029 of 2022

Judgment of: WIGNEY J

Date of judgment: 16 December 2022

Catchwords: PRACTICE AND PROCEDURE – application for interim injunction under s 46PP of Australian Human Rights Commission Act 1986 (Cth) to restrain the State of New South Wales (State) and the New South Wales Land and Housing Corporation (Corporation) from terminating the applicant's social housing tenancy agreement – where the Corporation sought to terminate tenancy agreement and possess property on ground of income ineligibility – where applicant lodged complaints with the Australian Human Rights Commission alleging unlawful discrimination by officers of the State and Corporation – where insufficient demonstrable merit in the complaint – where balance of convenience considerations weighed against the injunction – judicial comity between the Court and NCAT considered – where meritorious claim could be redressed on subsequent application – application dismissed

Legislation: Australian Human Rights Commission Act 1986 (Cth) ss 3(1), 46P, 46PH(1B)(b), 46PP Residential Tenancy Act 2010 (NSW) ss 143, 144, 147

Cases cited: Abraham v Housing Authority [2022] FCA 1145 Carlsson v Ford (2019) 37 ALR 382; [2019] FCA 584 Castlemaine Tooheys Ltd v South Australia (1986) 161 CLR 148 Chadwick v State of New South Wales [2022] FCA 918 CSR Ltd v Cigna Insurance Australia Limited (1997) 189 CLR 345 Daccache v BOC Ltd [2020] FCA 485 Millar v FQM Australia Nickel Pty Ltd [2022] FCA 1331 Samsung Electronics Co Ltd v Apple Inc (2011) 217 FCR 238; [2011] FCAFC 156 Wileypark Pty Ltd v AMP Limited (2018) 265 FCR 1; [2018] FCAFC 143