Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97

FEDERAL COURT OF AUSTRALIA

Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97 Citation: Polar Aviation Pty Ltd v Civil Aviation Safety Authority [2012] FCAFC 97

Appeal from: Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) [2011] FCA 1126

Parties: POLAR AVIATION PTY LTD and CLARK ANDREW BUTSON v CIVIL AVIATION SAFETY AUTHORITY, TERRENCE FARQUHARSON, GARY PRESNEILL, ROBERT COLLINS, JIM MARCOLIN, PETER JOHN and ALLAN COOK

File number: VID 32 of 2012

Judges: PERRAM, DODDS-STREETON AND GRIFFITHS JJ

Date of judgment: 4 July 2012

Catchwords: PRACTICE AND PROCEDURE – Appeal from summary dismissal of proceeding pursuant to s 31A(2) of the Federal Court of Australia Act 1976 (Cth) –primary judge struck out pleading as disclosing no reasonable cause of action – strike out not appealed - whether primary judge erred in holding that alleged duty of care could never arise, or in holding, prior to close of pleadings, that it did not arise in this case – whether primary judge should have granted leave to replead, although not sought - appellants obliged adequately to plead alleged duty and material facts –no entitlement to rely on defence and reply for necessary material facts – no proposed amended pleading produced – complex history of matter indicated ample opportunities to rectify deficiencies – appeal dismissed

Legislation: Civil Aviation Act 1988 (Cth) Civil Aviation Regulations 1988 (Cth) Federal Court Rules 1979 (Cth), O11 r 16 Federal Court of Australia Act 1976 (Cth), s 31A Limitation Act 1935 (WA), s 47A