McVicars v South Australian Housing Trust (No 2)

This matter concerned an application for an interlocutory injunction brought by Ms McVicars against the South Australian Housing Trust. The dispute arose from the Tribunal's decision, upheld on internal review, to terminate Ms McVicars' tenancy with the respondent. Ms McVicars had vacated the property following the dismissal of a stay application pending her substantive appeal and expressed a preference to return to her former home. The application for an injunction was heard by Livesey Ex Tempore P of the Supreme Court of South Australia.

The primary legal issue before the Court was whether to grant an interlocutory injunction to preserve the applicant's former home pending the final determination of her appeal. To succeed, Ms McVicars was required to demonstrate that there was a serious question to be tried, meaning a prima facie case for the relief sought, and that the balance of convenience favoured the grant of interlocutory relief. The Court acknowledged the inter-relationship between the strength of the serious question and the balance of convenience, noting that a strong prima facie case might justify an injunction even with scant evidence of prejudice, or conversely, an injunction might be granted if the balance of convenience strongly favoured it, even if the serious question was less certain.

The Court considered the principles for granting interlocutory injunctions, referencing established authorities. However, it found that in the circumstances, it was doubtful whether it would be an appropriate exercise of discretion to preserve the property for the applicant. This doubt arose from findings that, as far as the Court could ascertain, the neighbour with whom the applicant had experienced difficulties remained living in a neighbouring property.

Consequently, the Court dismissed Ms McVicars' application for an injunction. The order of the Court was that the application dated 20 May 2025 be dismissed, and Ms McVicars was ordered to pay the respondent's costs, fixed at $250.