Giorgas, A. & Ors v Federal Airport Corporation [1995] FCA 380

CATCHWORDS JUDICIAL REVIEW - Administrative decision - objection to competency - whether decision of respondent not to accept applicants' tender proposal was a decision of an administrative character made under an enactment within the meaning of s.3(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) - conduct challenged of a commercial nature occurring in a commercial context leading to the making of contracts. Administrative Decisions (Judicial Review) Act 1977 (Cth) s.3(1) Federal Airports Corporation Act 1986 (Cth) ss. 5 and 6 General Newspapers Pty. Ltd. v. Telstra Corporation (1993) 45 FCR 164 - Foll. Australian Capital Territory Health Authority v. Berkeley Cleaning Group Pty. Ltd. (1985) 7 FCR 575 - Not Foll. James Richardson Corporation Pty. Ltd. v. Federal Airports Corporation (1992) 117 ALR 227 - Not Foll. CEA Technologies Pty. Ltd. v. Civil Aviation Authority (1994) 122 ALR 724 Chapmans Ltd. v. Australian Stock Exchange Ltd. (1994) 12 ACLC 512 Hutchins v. Deputy Commissioner of Taxation (1994) 123 ALR 133 Antonios Giorgas and Gary William Grant as Trustees for the Airport Unit Trust and Stuart De La Zilwa Trading as Airport News Supplies v. Federal Airport Corporation No. QG30 of 1995 Cooper J., Brisbane, 9 June, 1995

IN THE FEDERAL COURT OF AUSTRALIA QUEENSLAND DISTRICT REGISTRY GENERAL DIVISION No. QG30 of 1995 BETWEEN: ANTONIOS GIORGAS AND GARY WILLIAM GRANT AS TRUSTEES FOR THE AIRPORT UNIT TRUST AND STUART DE LA ZILWA TRADING AS AIRPORT NEWS SUPPLIES Applicants AND: FEDERAL AIRPORTS CORPORATION Respondent JUDGE MAKING ORDER:Cooper J. WHERE MADE: Brisbane DATE OF ORDER: 9 June, 1995 MINUTES OF ORDER THE COURT ORDERS THAT: 1. The objection to competency notice filed on 15 March, 1995 is upheld. 2. The proceedings, including the notice of motion filed 1 March, 1995 be dismissed. 3. The applicants pay the respondent's costs of and incidental to the proceedings, including reserved costs if any and the costs of and incidental to the applicants' notice of motion filed 1 March, 1995 to be taxed if not agreed. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.