Federal Court of Australia
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CATCHWORDS
Administrative Law - Reasons for Decision - Order for Review - Notice of Objection to Competency of application for review - Whether decision made under an enactment or a decision pursuant to rights at common law to manage and control land - Should question whether applicants are aggrieved be determined on
hearing of Notice of Objection to Competency.
Administrative Decisions (Judicial Review) Act 1977 (Cth) - ss. 5 3, 13.
Air Navigation Act 1920
Air Navigation Regulations
Airport Instructions
Australian National University v Burns (1982) 43 ALR 25 Chittick v Ackland (1984) 1 FCR 254
RAYMOND HAROLD CLAMBACK & ORS v_ BRUCE BURNS COOMBES G214/1985
Evatt J Sydney 23 December 1986 wee
IN THE FEDERAL COURT OF AUSTRALIA )
NEW SOUTH WALES DISTRICT REGISTRY ) No. G214 of 1985
GENERAL DIVISION
a
BETWEEN: RAYMOND HAROLD CLAMBACK AMINTA HENNESSY CLAMBACK & HENNESSY PTY LIMITED
Applicants
AND: BRUCE BURNS COOMBES (Assistant Regional Director (Airports) New South Wales Region
Respondent
ORAM : Evatt J
[=
ATE : 23 December 1986
PLAC
E: Sydney
MINUTES OF ORDER
THE COURT DECLARES THAT:
tu
The respondent's notice of objection to the competency of the applicants' application herein filed under 0.54 r.4 should,
in respect of grounds (a), (b) and (c) set out in the amended
application, be upheld.
The said notice of objection to competency in respect of ground (d) in the applicants' amended application is
rejected. Orders accordingly.
THE COURT ORDERS THAT:
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The matter be listed for further direction at a time and date
to be agreed upon. Liberty to apply on 14 days notice.
Each party pay their own costs in respect of the hearing of the said notice of objection to the competency of the applicants' application dated 7 August 1985 as amended on 19 November 1985.
NOTE: Settlement and entry of orders is dealt with in Order 36 of
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