Trevanion v Wyangala Country Club Ltd

Trevanion, a licensed operator of a bistro at Wyangala Country Club, initiated proceedings against the Club for terminating the licence agreement. The central issue in this case was whether the Tribunal had the authority to grant an interim order preventing the Club from terminating the licence, given the serious question of discrimination based on homosexuality. The court examined whether the applicant had established a credible case and whether the balance of convenience favoured staying the termination.

The court considered the principles of interim relief and the relevant statutory provisions. It was determined that the applicant had presented a serious question to be tried regarding discrimination. The Tribunal found that the balance of convenience weighed in favour of the applicant, as the termination of the licence would cause significant hardship to the applicant. Consequently, the court held that the Tribunal had the authority to grant the interim order, staying the termination of the licence agreement.

Based on the findings, the court ordered that the termination of the licence agreement between Mr Trevanion and Wyangala Country Club be stayed until further order of the Tribunal. Additionally, the court expedited the hearing to ensure a prompt resolution of the matter. These orders aimed to protect the applicant's rights and interests while the case proceeded, ensuring a fair and timely outcome.