FEDERAL COURT OF AUSTRALIA AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) v POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED AG 35 and AG 36 of 1997 judges: beaumont, wilcox and lindgren jj. place: sydney date: 18 FEBRUARY 1998 IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 35 and AG 36 of 1997 BETWEEN: AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) Applicant AND: POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED RespondentS JUDGES: BEAUMONT, WILCOX AND LINDGREN JJ. DATE OF ORDER: 18 FEBRUARY 1998 WHERE MADE: SYDNEY ORDERS: 1. Appeal dismissed with costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY AG 35 and ag 36 of 1997 BETWEEN: AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) Applicant AND: POLARIS HOLDING COMPANY and canadian airlines international limited Respondents JUDGES: BEAUMONT, WILCOX AND LINDGREN JJ. DATE: 18 february 1998 PLACE: SYDNEY REASONS FOR JUDGMENT THE COURT: These appeals were listed for hearing at the same time as the appeal in Airservices Australia v Monarch Airlines Limited in which judgment was given today. Since they raise the same points of principle, these appeals must also be dismissed. I certify that this page is a true copy of the Reasons for Judgment herein of the Court Associate: Dated: 18 February 1998 Counsel for the Applicant: Mr D J S Jackson QC with Mr K Barlow of counsel Solicitor for the Applicant: Mallesons Stephen Jaques Counsel for the Respondent: Mr J C Campbell QC with Dr A Bell of counsel Solicitor for the Respondent: Allen Allen & Hemsley Date of Hearing: 24, 25 and 26 September 1997 Date of Judgment: 18 February 1998