Jandakot Airport Chamber of Commerce Inc and Minister for Infrastructure and Regional Development

The Jandakot Airport Chamber of Commerce Inc sought a stay of any applications and acts of approval concerning the development of the subject matter airport, from the Federal Court of Australia. The Minister for Infrastructure and Regional Development was the respondent. The core of the dispute concerned whether any stay orders would impede the operation or implementation of the decision under review, and whether such orders were appropriate to ensure the effectiveness of the hearing of the review application.

The Court was required to determine whether to grant the interlocutory relief sought by the applicant. Specifically, the Court had to consider the criteria for granting a stay pending the determination of an appeal or review, including whether the applicant had established a sufficient likelihood of success on the merits of its substantive application and whether the balance of convenience favoured granting the stay. The Court also had to assess the potential prejudice to each party if the stay was granted or refused.

The Court considered the principles governing the grant of interlocutory injunctions, particularly in the context of administrative review. It weighed the applicant's interest in preserving the status quo to ensure the effectiveness of its review against the respondent's interest in proceeding with the airport development. The Court's reasoning would have focused on whether the applicant had demonstrated a strong prima facie case or a serious question to be tried, and whether the potential harm to the applicant if the stay was refused outweighed the potential harm to the respondent if the stay was granted. The Court would have applied the established legal tests for interlocutory relief, considering factors such as the applicant's prospects of success, the adequacy of damages, and the public interest.