Aviation Centre Pty Ltd v The Secretary, Department of Transport [1981] FCA 258

MA 4°° oe

CATCHWORDS

Judicial Review ~ Air Navigation - application for permission to land and take-off an aircraft from landing ground - wnether aircraft had a maximum take-off weight in excess

of 5,700 kilograms - whether decision of delegate refusing application open to review because of failure to take into account special performance characteristics of particular aircraft - Administrative Decisions Judicial Review Act

1977, ss.3, 5 ~ Air Navigation Act 1920, s.3A - Air Naviration

Regulations 5, 51, 85, 39, 212 and 227,

Devartnent of

Aviation Centre Pty, Limited v. The Secretary

Transport

N.S.W. G 155 of 1981

Ccram: Sheppard J. 23 December, 1981

Sydney

IN THE FEDERAL COURT OF AUSTRALIA ) NEW SOUTH WALES DISTRICT REGISTRY No. G 155 of 1981 GENERAL DIVISION

~

BETWEEN

AVIATION CENTRE PTY. LIMITED

Applicant

THE SECRETARY, DEPARTMENT OF TRANSPORT

Respondent

CORAM: SHEPPARD J. 23 December, 1981

REASONS FOR JUDGMENT

This is a matter in which I would have preferred to reserve for a short time to enable me to express a little more felicitously and a little more elaborately than I will, my reasons for the conclusions at which I have arrived.

But tne urgency of the matter and the time of the year make it imperative that I give a decision this afternoon.

I have reached a very clear conclusion as to what the outcome of the application should be. The application 15s for the review of a decision of the Secretary, Department of Transport, said to have been made on 14 October, 1981.

The dec1sion was given in respect of an application made by

letter dated 21 July, 1981, and supplemented by a further letter of 3 September, 1981. As I understand the application, it 1s an application made pursuant to Regul- ation 85 of the Regulations made pursuant to the Air Navigation Act, 1920, There was a submission by counsel for tne applicant that the application was made as well, or alternatively, under Regulation 212. I am not in agreement with that submission, It 1s a matter to which I shall refer a little later.