Byers v Civil Aviation Safety Authority [2005] FCA 1751

FEDERAL COURT OF AUSTRALIA

Byers v Civil Aviation Safety Authority [2005] FCA 1751

ADMINISTRATIVE LAW – appeal – civil aviation – decision of Administrative Appeals Tribunal cancelling applicant's pilot licences – findings of statutory and regulatory breaches – appeal on basis that finding of breach of statute unreasonable – whether grounds of appeal disclose any question of law – whether appeal futile in any event as cancellation decision made on multiple grounds - no unreasonableness in Tribunal's decision Administrative Appeals Tribunal Act 1975 (Cth) ss 44, 44(3)(b) Federal Court of Australia Act 1976 (Cth) s 19(2) Civil Aviation Act 1988 (Cth) s 20A Civil Aviation Regulations 1988

Abalos v Australian Postal Commission (1970) 171 CLR 167 Re Repacholi v Civil Aviation Safety Authority (2003) 75 ALD 312 Waterford v Commonwealth (1987) 163 CLR 54 Federal Commissioner of Taxation v McCabe (1990) 26 FCR 431 Briginshaw v Bringinshaw (1938) 60 CLR 336 Neat Holdings Pty Limited v Karajan Holdings Pty Limited (1992) 110 ALR 449 IAN HAROLD BYERS v CIVIL AVIATION SAFETY AUTHORITY WAD 199 of 2005 NICHOLSON J 6 DECEMBER 2005 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY WAD 199 OF 2005

ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL

BETWEEN: IAN HAROLD BYERS

APPLICANT

AND: CIVIL AVIATION SAFETY AUTHORITY

RESPONDENT

JUDGE: NICHOLSON J

DATE OF ORDER: 6 DECEMBER 2005

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The appeal from the Administrative Appeals Tribunal pursuant to s 44 of the Administrative Appeals Tribunal Act 1975 (Cth) be dismissed. 2. The applicant pay the respondent's costs of the appeal. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.