Collins v Pacific Link Housing Limited [2012] NSWSC 1195

Supreme Court New South Wales

Medium Neutral Citation: Collins v Pacific Link Housing Limited [2012] NSWSC 1195 Hearing dates: 3 October 2012 Decision date: 05 October 2012 Before: Johnson J Decision: 1. The Plaintiff's Notice of Motion filed 29 August 2012 is dismissed. 2. The Plaintiff's claim for interim relief in paragraph 1 of the Statement of Claim filed 23 August 2012, as varied in paragraph 1 of the draft amended Statement of Claim, is dismissed. 3. Pacific Link Housing Limited is discharged from any agreement or undertaking given by it on 11 September 2012 not to take any steps towards renting 41 Dunbar Way, North Gosford. 4. The parties will be heard on the question of costs and the making of appropriate orders to progress this litigation. Catchwords: PRACTICE AND PROCEDURE - claim for declaratory and injunctive relief - social housing provider terminates periodic tenancy under s.85 Residential Tenancies Act 2010 - claim that tenant denied procedural fairness - application by tenant for interlocutory injunction - tenant seeks order that relevant public housing premises remain vacant until determination of claim for final relief - serious question to be tried - undertaking as to damages - balance of convenience - interlocutory injunction refused Legislation Cited: Housing Act 2001 Residential Tenancies Act 2010 Housing Regulation 2009 Cases Cited: Australian Broadcasting Corporation v Lenah Game Meats Pty Limited [2001] HCA 63; 208 CLR 199 Australian Broadcasting Corporation v O'Neill [2006] HCA 46; 227 CLR 57 Beecham Group Limited v Bristol Laboratories Pty Limited [1968] HCA 1; 118 CLR 618 Y and Z v W [2007] NSWCA 329; 70 NSWLR 377 Calvin v Carr [1979] 1 NSWLR 1 Circaz Pty Limited v Manolodis [2003] NSWSC 455 Varley v Varley [2006] NSWSC 1025 Kioa v West [1985] HCA 81; 159 CLR 550 Re Minister for Immigration and Multicultural and Indigenous Affairs; Ex parte Lam [2003] HCA 6; 214 CLR 1 Category: Interlocutory applications Parties: Cindy Collins (Plaintiff) Pacific Link Housing Limited (Defendant) Representation: Counsel: Mr C Mantziaris (Plaintiff) Mr A Hourigan (Defendant) Solicitors: Grant Arbuthnot, Tenants' Union of NSW Co-Op Limited (Plaintiff) Chris Ryan Legal (Defendant) File Number(s): 2012/263109