Chadwick v State of New South Wales

In Chadwick v State of New South Wales, the applicant sought an interim injunction under section 46PO(6) of the Australian Human Rights Commission Act 1986 (Cth) in relation to the termination of a social housing tenancy agreement on eligibility grounds. The dispute arose under section 147 of the Residential Tenancies Act 2010 (NSW). The case was before the Federal Court of Australia, where the applicant relied on conduct not the subject of the terminated complaint to the Australian Human Rights Commission. The central legal issues were whether the Court had jurisdiction under section 46PO and whether there was a serious question to be tried warranting injunctive relief.

The Court found that the applicant had not established a serious question to be tried as to her entitlement to relief. It held that the application did not relate to the terminated complaint or the same acts, omissions, or practices. The Court also determined that the applicant was unlikely to suffer injury for which damages would not be an adequate remedy and that the balance of convenience did not favour the granting of an interlocutory injunction. Consequently, the application for an interim injunction was dismissed. The Court ordered the applicant to pay the respondents' costs as agreed or assessed by a Registrar.