Federal Court of Australia
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
GENERAL
BETWEEN:
CORAM:
DATE:
PLACE:
V. No. G99 of 1983
DIVISION ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA EAST WEST AIRLINES (OPERATIONS) LTD Appellant (Applicant) and KENNETH F. WRAITH, DR. D.W. ZINK AND HON. K. M. CAIRNS Respondents (Respondents) Woodward, Northrop and Neaves Jd. 12 December, 1983, Melbourne
ORDER
THE COURT ORDERS THAT:
1. The appeal be allowed and the orders of the Court of 23 May, 1983 be set aside.
2. The approval of the Independent Air Fares Committee of 8 March, 1983 be set aside.
The request from the appellant to the Committee be remitted to the Committee for further consideration of that request according to law.
The respondents pay the appellant's costs of the appeal and of the application.
IN THE
VICTORIA DISTRICT REGISTRY
GENERAL DIVISION
FEDERAL COURT OF AUSTRALIA
eed
V. No. G99 of 1983
ON APPEAL FROM THE FEDERAL COURT OF AUSTRALIA
BETWEEN:
CORAM:
DATE:
PLACE:
being the Chairman,
EAST WEST AIRLINES (OPERATIONS) LTD
and
KENNETH F. WRAITH, DR. D.W. ZINK AND HON. K. M. CAIRNS
Woodward, Northrap and Neaves JJ.
12 December, 1983.
Melbourne
REASONS FOR JUDGMENT
On 8 March, 1983 Mr. Wraith, the first
Appellant (Applicant)
Respondents (Respondents)
respondent,
Independent Air Fares Committee, notified
Mr. Grey, Managing Director of the appellant, East West Airlines
(Operations) Ltd., by telex that the Committee,
pursuant to
2. sub~section 17(4), Independent Air Fares Committee Act 1981, ("the I.A.F.C. Act") had approved "a dascount fare of $120 on the round trip, originating in Sydney or Melbourne over the route Melbourne-Albury-Sydney on F27 aircraft". By the same telex, Mr. Wraith notified Mr. Grey that the approval was subject to a number of conditions including the condition that the discount fare was to be available for a limited period, namely "the period 8 March to 30 April, 1983 inclusive". The effect *of the approval was that during that period the appellant was able to offer a return fare over that route at the discount rate of $120 return, but that the return journey had to be completed on. er before 30 April, 1983. The appellant, by
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