Federal Court of Australia
NOT FOR DISTRIBUTION
IN THE FEDERAL COURT. OF AUSTRALIA
) ) NEW SOUTH WALES DISTRICT REGISTRY } No. G138 of 1987 — ) )
GENERAL DIVISION
ANSETT TRANSFORT INDUSTRIES LIMITED
Applicant
PETER FREDERICK MORRIS who is sued in his capacity as Minister of State for Aviation
First Respondent
RAE MARTIN TAYLOR who is sued in his capacity as Secretary of the Department of State for Aviation
Second Respondent
EAST-WEST ATRELINES (OPERATIONS) LIMITED
13 April 1987
REASONS FOR JUDGMENT
2 APR 1987 FEDERAL COURT OF /Q
AUSTRALIA ~ PAINCIPAL A REGISTRY A
KS
On last Friday afternoon I gave leave to aAnse€t. Tra Bort
LOCKHART J.
Industries-himited ("Ansett") to file in Court an application seeking
an order of review under the Administrative Decisions (Judiczal
Review) Act 1977 ("the Judicial Review Act") of decisions of the
Minister for Aviation said to have been made between February 1987 and
8 April 1987 to grant acquisition certificates for two F28 aircraft
pursuant to para. 19(1)(c) of the Airlines Equipment Act 1958 ("the
ty ld
Vw
Equipment Act") bo East-West Airlines (Operations) Limited
("East-West"). The a
Th
el
Lication alsa eeks an order uashin the 1s]
ul
decisions of the Minister to grant the acquisition certificates and an
un
order restraining the Secretary of the Department of Aviation _ from granting approval pursuant to Regulation 4N of the Customs (Prohibited Imports) Regulations to East-West to import the two F28 aircraft into
Australia. Ansett claims interlocutory relief, namely:
(a) an order, pursuant to s. 15 of the Judicial Review Act,
suspending the operation of the Minister's decision to grant acquisition certificates or staying all or any proceedings under the Minister's decisions to grant the acquisition certificates, in each case pending the hearing and
determination af this preceeding or Further order; and
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