Broadbent, M.R.M. v Fairbairn, W.A. & Anor [1995] FCA 501

CATCHWORDS ADMINISTRATIVE LAW - Judicial review - ambit of courts power to grant a stay pursuant to s 15 Administrative Decisions (Judicial Review) Act - whether an appropriate case to grant a stay. CIVIL AVIATION REGULATIONS - Applicant breached Civil Aviation Regulations by entering controlled airspace without clearance - pursuant to regs 5.38 and 265 applicant's pilot's licence suspended until examination undertaken - whether that suspension continued, notwithstanding the review decision pursuant to reg 5.39. Administrative Decisions (Judicial Review) Act 1977 (Cth) - s 15 Civil Aviation Regulations - regs 5.38, 5.39, 265 and 269 Erinford Properties Ltd. v Cheshire County Council (1974) 1 Ch 261 Referred to Faingold v Zammit (1984) 1 FCR 87 Applied Monoher v Minister for Immigration, Local Government and Ethnic Affairs (1991) 24 ALD 405 Referred to Minister for Aboriginal Affairs v Peko-Wallsend Limited (1986) 162 CLR 24 Referred to Perkins v Cuthill (1981) 34 ALR 669 Referred to Snow v Deputy Commissioner of Taxation (1987) 14 FCR 119 Applied Michael Russell Mark Broadbent v William Allan Fairbairn & Anor. QG 93 of 1995 Drummond J Brisbane 10 July, 1995

IN THE FEDERAL COURT OF AUSTRALIA) No. QG 93 of 1995 QUEENSLAND DISTRICT REGISTRY ) GENERAL DIVISION ) BETWEEN: MICHAEL RUSSELL MARK BROADBENT Applicant AND: WILLIAM ALLAN FAIRBAIRN First Respondent AND: CIVIL AVIATION AUTHORITY Second Respondent MINUTES OF ORDERS JUDGE MAKING ORDER: Drummond J DATE OF ORDER: 10 July, 1995 WHERE MADE: Brisbane THE COURT ORDERS THAT: 1. The applicant's notice of motion be dismissed. 2. The applicant pay the respondents' costs of and incidental to the notice of motion, to be taxed. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.