Commonwealth of Australia (As Represented By The Department of Infrastructure and Regional Development) v Rigney & Anor (No.3)

The Commonwealth of Australia, represented by the Department of Infrastructure and Regional Development, brought proceedings against the respondents, Rigney & Anor, concerning the termination of a long-term tenancy agreement for premises occupied by the respondents for over 20 years. The dispute arose after the original tenancy agreement expired and the applicant sought to terminate the tenancy under section 94 of the Residential Tenancies Act 2010 (NSW). The matter was heard by Judge Smith in the Federal Circuit Court of Australia.

The court was required to determine whether the long-term tenancy agreement ought to be terminated, considering the predominant use of the premises, the personal circumstances of the respondents, and the interests of the applicant. Additionally, the court considered questions relating to its own jurisdiction, including whether the exercise of judicial power was improperly restrained, whether there was an acquisition of property otherwise than on just terms, whether a "matter" within the constitutional sense existed, and the lawfulness of a relevant legislative instrument.

In reaching its decision, the court engaged in a balancing exercise, weighing the respondents' long-standing occupation and personal circumstances against the applicant's interests and the statutory provisions for termination. The court found that termination was warranted. While ordering vacant possession, the court suspended the operation of this order to allow for an appropriate date for the respondents to vacate the premises.