Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Civil Aviation Safety Authority v Ovens [2011] FCAFC 75 Citation: Civil Aviation Safety Authority v Ovens [2011] FCAFC 75
Appeal from: Ovens v Civil Aviation Safety Authority [2010] FCA 1354
Parties: CIVIL AVIATION SAFETY AUTHORITY v RODERICK JOHN OVENS
File number: NSD 1820 of 2010
Judges: JACOBSON, MCKERRACHER AND ROBERTSON JJ
Date of judgment: 6 June 2011
Catchwords: ADMINISTRATIVE LAW – Appeal from orders remitting the matter to the Administrative Appeals Tribunal – whether Tribunal denied applicant procedural fairness – whether Tribunal materially misconstrued regulation – whether remittal futile
Legislation: Administrative Appeals Tribunal Act 1975 (Cth) ss 39(1), 44 Civil Aviation Act 1988 (Cth) s 31Civil Aviation Safety Regulations 1998 (Cth) regs 67.015, 67.115, 67.175, 67.180, 67.190, 67.195
Cases cited: British Oxygen Co Ltd v Minister of Technology [1971] AC 610 cited Dagli v Minister for Immigration and Multicultural and Indigenous Affairs (2003) 133 FCR 541 cited Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 considered Fitness Australia Ltd v Phonographic Performance Co of Australia Ltd (2010) 89 IPR 442 cited R v Port of London Authority; Ex parte Kynoch Ltd [1919] 1 KB 176 cited Re Refugee Review Tribunal; Ex parte Aala (2000) 204 CLR 82 cited Stead v State Government Insurance Commission (1986) 161 CLR 141 cited Sullivan v Department of Transport (1978) 20 ALR 323 distinguished
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