Hawker Pacific Pty Ltd v Freeland, Colin W. & Ors [1983] FCA 381

CATCHWORDS

Administrative Law - Case Stated - Contract with Government to supply Aircraft - Whether decision to contract made under @anactment - Whether issue of accounting document a decision -

Person Aagrieved - Compliance with Finance Requlations and

Directions.,

Administrative Decisions (Judicial Review) Act 1977.

Audit Act 1901. sections 34. 71 and 72.

Finance Requlations, rers. 48, 51, 52, S?AA, S?7AR and 12738.

Finance Directions. dir. 12.

HAWKER PACIFIC PTY. LIMITED v. COLIN W. FREELAND. THE

COMMONWEALTH OF AUSTRALIA and CIVIL FLYING SERVICES PTY. LIMITED

No. G1l61 of 1982

Fox J. 16 December 1983

Svdnev

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY = r 1982

a (a) n nay oO na oO =

GENERAL DIVISION

BETWEEN : HAWKER PACIFIC PTY. LIMITED Applicant AND: COLIN W. FREELAND First Respondent AND: THE COMMONWEALTH OF AUSTRALIA Second Respondent AND:

CIVIL FLYING SERVICES PTY. LIMITED

Third Respondent

REASONS FOR JUDGMENT bee cy

This case concerns the award, bv the Commonwealth, of a contract to supply five aircraft. The matter comes before the Court by way of an application under the Administrative Decisions

(Judicial Review) Act 1977.

By advertisements in the "Svdney Morning Herald" and the Melbourne "Ade" on 17 September 1980 and in the Commonwealth Government Gazette of 23 September 1980, the Department of Transport {now named the Department of Aviation ("the Department") publicly invited registrations of interest by

potential suppliers of light twin engine aircraft.

Seven companies responded. Three of these were eliminated by the Department's preliminary evaluations. Four potential suppliers offering a total of eidht types of aircraft yemained. A "certificate of exemption" purporting to exempt the Department from having to call for tenders publicly (see 5.52 of

the Finance Requlations) was siqned by the Acting Assistant