Hevi Lift (PNG) Pty Ltd v Civil Aviation Safety Authority [1997] FCA 1308

catchwords ADMINISTRATIVE LAW - review of administrative decision - legislative charter to ensure safety of aircraft - balancing overseas and domestic regulations CIVIL AVIATION - legislative scheme governing the operation of foreign aircraft on domestic commercial flights - requirements to satisfy CASA of airworthiness - limits on CASA's power to require proof of airworthiness - Australia's obligations under Convention on International Civil Aviation - recognition of foreign aviation authority certification - sufficiency of Annex 8 statements as to airworthiness Judiciary Act 1903 (Cth) s 39B Air Navigation Act 1920 (Cth) s 3A Administrative Decisions (Judicial Review) Act 1977 (Cth) s 5 Civil Aviation Act 1988 (Cth) ss 11, 28, 28A Convention on International Civil Aviation (Chicago Convention) 7 December 1994 Lindner v Wright [1976] 14 ALR 105 HEVI LIFT -v- CIVIL AVIATION SAFETY AUTHORITY No. NG 605 of 1997 EINFELD J SYDNEY 14 OCTOBER 1997

IN THE FEDERAL COURT OF AUSTRALIA) NEW SOUTH WALES DISTRICT REGISTRY) No.NG605 OF 1997 GENERAL DIVISION ) Between:HEVI LIFT (PNG) PTY LIMITED Applicant And: CIVIL AVIATION SAFETY AUTHORITY Respondent MINUTE OF ORDERS The Court declares that: 1. there is nothing in section 28A(1)(f) of the Civil Aviation Act 1988 (Cth) as would permit the respondent to require the applicant to establish that its Kamov KA32A helicopter warrants or requires to have a Certificate of Type Approval by the respondent as to its airworthiness 2. section 28A(1)(f) also does not permit the respondent to require the applicant to submit proof of the underlying design and structural integrity of its Kamov KA32A helicopter other than a statement by the Russian civil aviation authority that it complies with the standards of airworthiness prescribed by Annex 8 of the Chicago Convention or such other standards as the respondent may direct The Court orders that: 1. the decision of the respondent, contained in a letter to the applicant dated 21 July 1997, refusing the issue of an Air Operator's Certificate for the Kamov KA32A helicopter, be set aside 2. the balance of the application and application number NG 553 of 1997, including costs, be adjourned for further argument Note: Settlement and entry of orders are dealt with in accordance with Order 36 of the Federal Court Rules. EINFELD J SYDNEY 14 OCTOBER 1997