Royal Queensland Aero Club v Civil Aviation Safety Authority [1999] FCA 1474

FEDERAL COURT OF AUSTRALIA

Royal Queensland Aero Club v Civil Aviation Safety Authority [1999] FCA 1474

INJUNCTION - interlocutory application to restrain the respondent Authority from publishing to interested parties doubts as to the validity of licences which the application for declaratory relief seeks to validate - whether such an injunction would be of any utility as matter heard in open Court and a non-publication order not sought - discussion of balance of convenience Jackson v Stirling Industries Ltd (1987) 162 CLR 612 cited ROYAL QUEENSLAND AERO CLUB v CIVIL AVIATION SAFETY AUTHORITY Q 244 OF 1999 DRUMMOND J 19 OCTOBER 1999 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 244 OF 1999

BETWEEN: ROYAL QUEENSLAND AERO CLUB ACN 009 660 806

Applicant

AND: CIVIL AVIATION SAFETY AUTHORITY

Respondent

JUDGE: DRUMMOND J

DATE OF ORDER: 19 OCTOBER 1999

WHERE MADE: BRISBANE

THE COURT ORDERS THAT:

1. Upon the Civil Aviation Safety Authority's undertaking, that, if it writes to any person in order to inform them of its belief that any act performed by Garth Harris in reliance upon his having had a grade 1 flight instructor's (aeroplane) rating between 30 April 1998 and 6 April 1999 is invalid because Garth Harris did not hold a grade 1 flight instructor's (aeroplane) rating during that period, then it would also inform such persons that it has been aware since 1 April 1999 that Garth Harris did not hold such a rating and that on 28 October 1999, the Federal Court intends to hear Royal Queensland Aero Club's application for a declaration that such activities by Garth Harris are valid notwithstanding that he did not hold a grade 1 flight instructor's (aeroplane) rating, the application for an interlocutory injunction be dismissed.