High Court Justice Jayne Jagot described Russia’s challenge of a law terminating the lease as weak. “I do not perceive case … to be a strong one. Indeed, it is difficult to identify a serious question to be tried,” Jagot said.
Russia’s lawyer, Elliot Hyde, had argued that Ambassador Alexey Pavlovsky would not have confidence in the integrity and security of a consular building already on the site if the embassy is not allowed to maintain possession until the challenge to the lease’s termination is decided. “Australia supports the law. Russia has not been real good at upholding the law in recent times,” Albanese added, referring to the invasion of Ukraine.
Given Hyde’s description of the squatter as a guard, Rothwell doubted the man had diplomatic immunity, which could have prevented Australian authorities from removing him from the site.