May, Peter Lawrence v. The Secretary, Department of Transport [1981] FCA 54

CATCHWORDS

Administrative Law - Administrative Appeals Tribunal -

Appeal from - refusal to renew airline transport pilot

licence - cancellation of commercial pilot licence and radiotelephone operator licence - whether question of law

raised - "latent physical disability" - meaning of latent physical disability in s.47 Air Navigation Orders -

meaning of physical disability - whether Tribunal misconstrued -

whether statistical likelihood of epilepsy sufficient to

establish a latent physical disability.

Administrative Appeals Tribunal Act,1975 s.44. Air Navigation Act, 1974 s.26(1)(b)

Air Navigation Regulations s.57(2)

Air Navigation Orders s.47

PETER LAWRENCE MAY V. THE SECRETARY, DEPARTMENT OF TRANSPORT

(No. VG 128 of 1980)

Coram: ELLICOTT J.

Date: 12 May 1981

Place: Sydney

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY No. VG 128 of 1980

www www Sw

GENERAL DIVISION

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL AT MELBOURNE NO. V80/31

Far

BETWEEN

PETER LAWRENCE MAY

. Appellant AND

THE SECRETARY, DEPARTMENT OF TRANSPORT

Respondent ORDERS JUDGE MAKING ORDERS: ELLICOTT J. WHERE MADE: SYDNEY DATE OF ORDERS: TUESDAY 12 MAY 1981 THE COURT ORDERS (1) That the appeal be allowed. (2) That the decision of the Administrative Appeals Tribunal be set aside. (3) That the case be remitted to the Tribunal to be

heard and decided again according to law in the manner I have indicated after the hearing of such further evidence as it may decide to receive.

(4) That the respondent pay the appellant's costs of

this appeal.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIAN DISTRICT REGISTRY No. VG 128 of 1980

GENERAL DIVISION

at

ON _ APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL AT MELBOURNE NO. V80/31

BETWEEN * PETER LAWRENCE MAY

Appellant

and

THE SECRETARY, DEPARTMENT OF TRANSPORT

Respondent

REASONS FOR JUDGMENT.

CORAM: Ellicott J.