Ansett Transport Industries (Operation) Ltd [v Taylor, R.M. 1987] FCA 173

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7 J

CATCHWORDS Administrative law - Two Airlines Agreement - reasons for decision of Secretary of Department of Aviation - sufficiency thereof - giving

further and better particulars.

Administrative Decisions (Judicial Review) Act 1977: s. 13.

Airlines Agreement Act 1981: Schedule.

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) LIMITED v. RAE MARTIN TAYLOR

No. VG 27 of 1987

Lockhart J. 10 April 1987 Sydney

IN THE FEDERAL COURT OF AUSTRALIA

) )

VICTORIA DISTRICT REGISTRY ) ) NO. VG 27 of 1987 )

GENERAL DIVISION

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) LIMITED

Applicant

RAE MARTIN TAYLOR (who is sued in his capacity as Secretary of the Department of State for Aviation)

Respondent MINUTE OF ORDERS THE COURT ORDERS THAT: 1. The application be dismissed. 2. The applicant pay the respondent's costs of the application. NOTE: Settlement and entry of orders is dealt with under Order 36

of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

VICTORIA DISTRICT REGISTRY NO. VG 27 of 1987

www wv

GENERAL DIVISION

ANSETT TRANSPORT INDUSTRIES (OPERATIONS) LIMITED

Applicant

RAE MARTIN TAYLOR (who is sued in his capacity as Secretary of the Department of State for Aviation)

Respondent

10 April 1987

REASONS FOR JUDGMENT

LOCKHART J.

On 31 October 1986 the respondent, Rae Martin Taylor, Secretary of the Department of Aviation ("the Secretary"), decided that he was not satisfied that the services operated by East-West (Operations) Limited ("East-West") between Sydney/Yulara/Perth were not predominantly for use for the purpose of carriage of passengers over separate prescribed routes. The decision was made pursuant to clause 6(1){c) of what is generally known as the Two Airlines