Civil Aviation Safety Authority v Coburn, Roy Dennis William [1996] FCA 905

CATCHWORDS

ADMINISTRATIVE LAW - statutory appeal from AAT - wrong identification by AAT of issue before it on review application - purported review of a decision other than a "reviewable decision" within the meaning of the Civil Aviation Act 1988 (Cth) s31.

Civil Aviation Act 1988 (Cth) ss 8, 9, 31, 98 Civil Aviation Regulations (Cth) regs 31, 33, 265, 268, 269, 282 Administrative Appeals Tribunal Act 1975 (Cth) ss 41, 43

Drake v Minister for Immigration and Ethnic Affairs (1979) 46 FLR 409 Secretary to the Department of Social Security v Riley (1987) 17 FCR 99 Fletcher v Commissioner of Taxation (1988) 19 FCR 442 Julius v Lord Bishop of Oxford (1880) 5 App Cas 214 Finance Facilities Pty Ltd v Federal Commissioner of Taxation (1971) 127 CLR 106

CIVIL AVIATION SAFETY AUTHORITY v ROY DENNIS WILLIAM COBURN NG 928 of 1995 CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 928 of 1995 GENERAL DIVISION )

On appeal from the Administrative Appeals Tribunal General Administrative Division constituted by Mr B.J. McMahon (Deputy President), Mr D.D. Coffey (Member) and Ms C.M. Prime (Member)

BETWEEN: CIVIL AVIATION SAFETY AUTHORITY Applicant

AND: ROY DENNIS WILLIAM COBURN Respondent

CORAM: BRANSON J PLACE: SYDNEY DATE: 18 OCTOBER 1996

MINUTES OF ORDER

THE COURT ORDERS THAT:

(1) The decision of the Administrative Appeals Tribunal is set aside. (2) The case is remitted to the Administrative Appeals Tribunal to be heard and determined according to law.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No. NG 928 of 1995 GENERAL DIVISION )

On appeal from the Administrative Appeals Tribunal General Administrative Division constituted by Mr B.J. McMahon (Deputy President), Mr D.D. Coffey (Member) and Ms C.M. Prime (Member)