Commonwealth of Australia v Rigney & Anor (No.3) [2015] FCCA 3133 and Related Cases

ADMINISTRATIVE LAW – Commonwealth tenancy dispute – termination of long term tenancy agreement under section 94 of the Residential Tenancies Act 2010 (NSW) – respondents in possession of the premises for over 20 years – whether long-term tenancy agreement ought to be terminated – original tenancy agreement expired – respondents notified of termination – predominant use of premises – consideration of personal circumstances of respondents – consideration of the applicant’s interests – termination ordered – appropriate date for vacant possession – order for vacant possession suspended.

CONSTITUTIONAL LAW – Jurisdiction of the Federal Circuit Court of Australia – judicial power – improper restraint on judicial power – acquisition of property other than on just terms – whether there was a “matter” – whether legislative instrument was unlawful.

David Rayment appeared for the Commonwealth of Australia.

Related cases:

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lam [2015] FCCA 3276 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Butt & Anor [2015] FCCA 3256 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Tucev (No.2) [2015] FCCA 3248 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Shirvington (No.3) [2015] FCCA 3234 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Dattilo & Anor [2015] FCCA 3260 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Young & Anor [2015] FCCA 3277 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Uren & Ors [2015] FCCA 3280 (11 December 2015) 

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Leahy [2015] FCCA 3279 (11 December 2015)    

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Lukic [2015] FCCA 3278 (11 December 2015)      

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Minici & Anor [2015] FCCA 3271 (11 December 2015)  

Commonwealth of Australia (as represented by the Department Of Infrastructure and Regional Development) v Morris [2015] FCCA 3267 (11 December 2015)     

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Jelfs & Anor (No.2) [2015] FCCA 3262 (11 December 2015)  

Commonwealth of Australia (as represented by the Department of Infrastructure and Regional Development) v Findlay [2015] FCCA 3261 (11 December 2015)

Ferella v Key Nominees Pty Limited [2015] NSWCA 401

PRACTICE – summary dismissal – application for leave to appeal – order preventing re-litigation of the same cause of action without leave – whether fresh proceedings within scope of order – no error in decision of primary judge – no explanation for why leave not sought.

LEGISLATION - Real Property Act 1900 (NSW), s 58.

Richard Parsons appeared.

Commonwealth of Australia v Hevers & Anor (No.2) [2015] FCCA 2753

ADMINISTRATIVE LAW – Commonwealth Tenancy Dispute – termination of long term tenancy agreement under s.94 Residential Tenancies Act 2010 (NSW) – respondents in possession of the premises for over 20 years – whether long term tenancy agreement ought to be terminated – original tenancy agreement expired – respondents notified of termination – consideration of personal circumstances of respondents – consideration of the applicant’s interests – termination ordered – appropriate date for vacant possession – order for vacant possession suspended.

Commonwealth of Australia v Vassallo & Anor [2015] FCCA 2695

ADMINISTRATIVE LAW – Commonwealth Tenancy Dispute – termination of long term tenancy agreement under s.94 Residential Tenancies Act 2010 (NSW) – respondents in possession of the premises for over 20 years – whether termination of the long term tenancy agreement is granted – original tenancy agreement expired – respondents notified of termination – consideration of suitable alternative accommodation available to the respondents – consideration of the applicant’s interests – no appearance by the respondents during proceedings – termination of long term tenancy agreement granted – immediate vacant possession ordered.

Commonwealth of Australia v Foster [2015] FCCA 2663

ADMINISTRATIVE LAW – Commonwealth tenancy dispute – termination of a periodic tenancy agreement under s.85 Residential Tenancies Act 2010 (NSW) – respondent in possession of the premises for less than 20 years – whether termination of the tenancy agreement is granted – original tenancy agreement expired – respondent notified of termination – termination of tenancy agreement granted – order for vacant possession suspended.

Juvesconi Investments Pty Limited v Sanasi [2015] NSWSC 611

REAL PROPERTY – caveats – removal of caveats – caveator claims interest of a purchaser under enforceable agreement – whether caveator would succeed in obtaining interlocutory injunction to protect claimed interest – caveats ordered to be removed – Real Property Act 1900 (NSW) s 74MA.

Joanne Elizabeth Young v Josephine Aapa Smith [2015] NSWSC 400

REAL PROPERTY – voidable transactions – transfer of property – transfer made pursuant to alleged trust agreement – intent to defraud creditors – future creditors – whether agreement made with intent to defraud creditors – whether transfer made with intent to defraud creditors – requisite state of mind – inferences to be drawn.

TRUSTS - existence of trust - express trust - intention to create trust - impact of subsequent conduct.

TRUSTS - abandonment or abrogation - conduct inconsistent with existence of trust - inferences to be drawn.

Joanne Elizabeth Young v Josephine Aapa Smith [2015] NSWSC 400 (10 April 2015)

Spuds Surf Chatswood Pty Ltd v PT Ltd (No 4) [2015] NSWCATAP 11

RETAIL LEASE – scope of remitted hearing – issue estoppel – remedies for unconscionable conduct – assessment of damages for lost profits – orders granting partial relief from liability for rent.

Spuds Surf Chatswood Pty Ltd v PT Ltd (No 4) [2015] NSWCATAP 11 (12 February 2015)