The Village Building Co Limited v Airservices Australia [2007] FCA 1547

FEDERAL COURT OF AUSTRALIA

The Village Building Co Limited v Airservices Australia [2007] FCA 1547

The Village Building Co Limited v Airservices Australia [2007] FCA 1242 related THE VILLAGE BUILDING CO LIMITED ACN 056 509 025 v AIRSERVICES AUSTRALIA and CANBERRA INTERNATIONAL AIRPORT PTY LTD ACN 080 361 548 ACD 37 OF 2007

GYLES J

2 OCTOBER 2007

CANBERRA IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 37 OF 2007

BETWEEN: THE VILLAGE BUILDING CO LIMITED ACN 056 509 025

Appellant

AND: AIRSERVICES AUSTRALIA

First Respondent

CANBERRA INTERNATIONAL AIRPORT PTY LTD

ACN 080 361 548

Second Respondent

JUDGE: GYLES J

DATE OF ORDER: 2 OCTOBER 2007

WHERE MADE: CANBERRA

THE COURT:

Upon the appellant by its counsel giving the usual undertaking as to damages and undertaking that, pending the hearing of the appeal, the appellant will take no further steps to advance the rezoning of Tralee based on the current Australian Noise Exposure Forecast (ANEF):

1. Orders that the first respondent by itself, its servants and agents be restrained until 5.00 pm on Friday 2 November 2007 or further order from endorsing any new draft ANEF for Canberra International Airport. 2. Adjourns the motion for a stay to the commencement of the appeal. 3. Orders that costs are reserved. 4. Grants liberty to apply to all parties.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 37 OF 2007

BETWEEN: THE VILLAGE BUILDING CO LIMITED ACN 056 509 025

Appellant

AND: AIRSERVICES AUSTRALIA

First Respondent