Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Canberra International Airport Pty Ltd v ACCC [2001] FCA 1172
PRICE SURVEILLANCE – construction of declaration made pursuant to s 21 Prices Surveillance Act 1983 (Cth) – whether particular area of land was used as "landside road" within terms of the declaration.
WORDS & PHRASES – "road"
Administrative Decisions (Judicial Review ) Act 1977 (Cth) Prices Surveillance Act 1983 (Cth) Airports Act 1996 (Cth)
Corporation of the City of Enfield v Development Assessment Commission (2000) 199 CLR 135 cited Timbarra Protection Coalition Inc v Ross Mining NL (1999) 46 NSWLR 55 cited Clarke v General Accident Fire & Life Assurance Corporation plc [1998] 1 WLR 1647 followed CANBERRA INTERNATIONAL AIRPORT PTY LIMITED v AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
BEAUMONT, WHITLAM & STONE JJ
24 AUGUST 2001
SYDNEY (HEARD IN CANBERRA)
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 15 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CANBERRA INTERNATIONAL AIRPORT PTY LIMITED
APPELLANT
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
RESPONDENT
JUDGE: BEAUMONT, WHITLAM & STONE JJ
DATE OF ORDER: 24 AUGUST 2001
WHERE MADE: SYDNEY (HEARD IN CANBERRA)
THE COURT ORDERS THAT: The appeal be dismissed with costs.
IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY A 15 OF 2001
ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA
BETWEEN: CANBERRA INTERNATIONAL AIRPORT PTY LIMITED
APPELLANT
AND: AUSTRALIAN COMPETITION AND CONSUMER COMMISSION
RESPONDENT
JUDGE: BEAUMONT, WHITLAM & STONE JJ
DATE: 24 AUGUST 2001
PLACE: SYDNEY (HEARD IN CANBERRA)
REASONS FOR JUDGMENT
THE COURT:
INTRODUCTION 1 The appellant, Canberra International Airport Pty Limited ("CIA"), applied to the Court under the Administrative Decisions (Judicial Review ) Act 1977 (Cth) ("the AD(JR) Act") for judicial review of a decision of the respondent, the Australian Competition and Consumer Commission ("the ACCC"), in relation to the application of a declaration ("Declaration 84") made pursuant to s 21 of the Prices Surveillance Act 1983 (Cth) ("the Act") in relation to certain activities at Canberra International Airport ("the Airport"). A Judge of the Court (Gyles J) dismissed the application. CIA now appeals from this order.
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