Collins v Pacific Link Housing Limited

In the matter of Collins v Pacific Link Housing Limited, the dispute arose when Collins, a tenant, sought declaratory and injunctive relief against Pacific Link Housing Limited, a social housing provider, after the provider terminated Collins’ periodic tenancy under section 85 of the Residential Tenancies Act 2010. Collins contended that the termination was unlawful due to a denial of procedural fairness. Collins applied for an interlocutory injunction to maintain the relevant public housing premises vacant until the final determination of the claim. The court was tasked with deciding whether there was a serious question to be tried concerning the procedural fairness and the appropriateness of granting an interlocutory injunction.

The court examined the grounds on which Collins sought the interlocutory injunction, considering the serious question to be tried, the balance of convenience, and the undertaking as to damages. The court determined that while there was a serious question regarding procedural fairness, the balance of convenience favoured Pacific Link Housing Limited, given the impact on the housing needs of others and the public interest in efficient housing management. Additionally, Collins did not provide a satisfactory undertaking as to damages should the injunction be granted but ultimately denied.

Consequently, the court refused the application for an interlocutory injunction, finding that the balance of convenience did not support an order to keep the premises vacant. This decision left the final determination of Collins’ claims for declaratory and injunctive relief pending, without immediate interim relief.