Ord Air Charter Pty Ltd v Civil Aviation Authority [2000] FCA 1545

FEDERAL COURT OF AUSTRALIA

Ord Air Charter Pty Ltd v Civil Aviation Authority [2000] FCA 1545 ADMINISTRATIVE LAW – decision by respondent not to grant Air Operator Certificate – whether decision was made by reference to a pre-determined rule or policy without proper consideration of the merits – respondent was concerned at previous non-compliance by the applicant with civil aviation safety legislation at times when its affairs were under the control of its former Managing Director – applicant's former Managing Director was re-employed by it – respondent was concerned that applicant's former Managing Director might have undue influence on the applicant's Board of Directors – whether the respondent denied the applicant natural justice by failing to give it a fair opportunity to address the respondent's concerns – whether respondent took into consideration irrelevant matters – whether respondent otherwise improperly exercised its statutory power – whether respondent's decision involved any error of law – whether there was no evidence or other material to justify making the decision – whether respondent under any duty make further inquiry. ADMINISTRATIVE LAW – judicial review – adequate provision otherwise made by law for applicant to seek review – exercise of discretion – applicant made application to the Administrative Appeals Tribunal for merits review simultaneously with its application to the Court for review – applicant obtained expedited hearing before Tribunal while application to Court put on hold – applicant withdrew merits review application on first day of hearing before the Tribunal – whether the Court should, in its discretion, refuse to grant any relief. Civil Aviation Act 1988 (Cth), s 28 Administrative Decisions (Judicial Review) Act 1977 (Cth), ss 5, 10(2)(b)(ii) McPhee v Minister for Immigration and Ethnic Affairs (1986) 16 ALD 77 referred to Australian Broadcasting Tribunal v Bond (1990) 170 CLR 321 referred to Attorney-General (NSW) v Quin (1990) 170 CLR 1 followed Pilbara Aboriginal Land Council Aboriginal Corporation Inc v Minister for Aboriginal & Torres Strait Islander Affairs [2000[ FCA 1113 cited Edelsten v Minister for Health (1995) 58 FCR 419 referred to Prasad v Minister for Immigration and Ethnic Affairs (1985) 6 FCR 155 distinguished Luu v Renevier (1989) 91 ALR 39 distinguished