Disalvo v DAVIE Family Trust

In the matter of *Disalvo v DAVIE Family Trust*, heard before Judge Driver, the applicants sought an injunction to prevent their eviction from rented accommodation. The respondents were the DAVIE Family Trust. This dispute concerned a tenancy and had previously been litigated extensively under New South Wales state law.

The central legal issue before the court was whether an injunction should be granted to restrain the respondents from evicting the applicants, notwithstanding the prior exhaustive litigation of the tenancy dispute under state law. The court was required to consider the scope of its jurisdiction in light of the previous proceedings and the nature of the relief sought.

Judge Driver dismissed the application. The reasoning appears to have been that the matter had already been fully litigated in the state courts, and the applicants were seeking to re-litigate issues that had been determined. The court applied the principles of *res judicata* and issue estoppel, which prevent parties from raising claims or issues that have already been decided by a competent court. The court found no basis to grant the extraordinary remedy of an injunction in these circumstances.