Layton v Civil Aviation Safety Authority [2002] FCA 1231

FEDERAL COURT OF AUSTRALIA

Layton v Civil Aviation Safety Authority [2002] FCA 1231 ADMINISTRATIVE LAW –declarations sought by way of interlocutory relief –- whether basis in law or fact for interfering with order of Administrative Appeals Tribunal or treating it as not properly made –- whether applicant consented to withdraw proceedings before the Administrative Appeals Tribunal - whether justiciable matter disclosed absent relief personal to the applicant – whether declarations concern validity of legislation and not conduct - whether cancellation of pilots licence involves observation on applicant's integrity or conduct in public life. COSTS – whether respondents costs ought to be paid by applicant on an indemnity basis – whether sufficient basis for indemnity costs – whether costs also to be borne by applicants legal representative – whether applicants legal representative had personal interest in subject matter of legal proceedings – whether personal interest encroached on ability to approach proceedings in professional and objective manner.

Statutes Administrative Appeals Tribunal Act (1975) s 45 Constitution of the Commonwealth of Australia 1901 (Cth) s 76 Judiciary Act (1903)(Cth) s 39B(1A)(b)

Cases Abebe v The Commonwealth of Australia (1999) 197 CLR 510 Cited In Re Judiciary and Navigation Acts (1921) 29 CLR 257 Cited Pirrie v McFarlane (1925) 36 CLR 170 Cited GORDON LEITH LAYTON v CIVIL AVIATION SAFETY AUTHORITY Q 131 of 2002 KIEFEL J 2 OCTOBER 2002 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q131 OF 2002

ON APPEAL FROM A DECISION OF THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: GORDON LEITH LAYTON

APPLICANT

AND: CIVIL AVIATION SAFETY AUTHORITY

RESPONDENT

JUDGE: KIEFEL J

DATE OF ORDER: 2 OCTOBER 2002