Paul Kenney v Cth (as represented by the Department of Infrastructure and Regional Development)

[2017] FCAFC 15

Full Court of the Federal Court2 March 2017

Built by Barristers,
For Australian Law.

See how it works

Interrogate

Catchwords

1. appeal from Federal Circuit Court of Australia
1. claimed errors in fact-finding by primary judge
1. separation of judicial and executive powers
1. application for an adjournment

Quick Take

Section 85(3) of the Residential Tenancies Act 2010 (NSW) as applied through the Instrument is mandatory, not discretionary, and the discretion relates only to the date for vacant possession under s 8(2) of the Instrument for tenants on Commonwealth land subject to development.