Village Building Co Limited v Airservices Australia [2008] FCA 247

FEDERAL COURT OF AUSTRALIA

Village Building Co Limited v Airservices Australia [2008] FCA 247

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

MOORE J

7 MARCH 2008

CANBERRA

IN THE FEDERAL COURT OF AUSTRALIA

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY ACD 37 OF 2007

ON APPEAL FROM A SINGLE JUDGE OF THE FEDERAL COURT OF AUSTRALIA

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: MOORE J DATE OF ORDER: 7 MARCH 2008

WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. The appellant write forthwith to the New South Wales Department of Planning requesting that the Department take no further steps to consider or process its application of 21 November 2007 until judgment is given in the appeal and requesting the Department to provide a written undertaking to do so to both the appellant and the second respondent within seven days of this judgment that it will not do so. 2. If the Department gives the undertaking referred to in order 1, the appellant shall file an affidavit evidencing receipt of the correspondence and do so within 24 hours of its receipt. 3. If no affidavit of the type referred to in order 2 is filed within eight days of the date of this judgment, the appellant shall withdraw within 24 hours thereafter its application lodged on or about 21 November 2007 with the Department requesting that the determination of the rezoning application for South Tralee be dealt with under Part 3A of the Environmental Planning and Assessment Act 1979 (NSW). 4. The appellant pay the costs of this application. 5. The parties have liberty to apply on two days' notice. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules. IN THE FEDERAL COURT OF AUSTRALIA