Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Civil Aviation Safety Authority v Caper Pty Ltd [2012] FCA 1213 Citation: Civil Aviation Safety Authority v Caper Pty Ltd [2012] FCA 1213
Appeal from: Caper Pty Ltd T/a Direct Air Charter and Civil Aviation Safety Authority [2011] AATA 181
Parties: CIVIL AVIATION SAFETY AUTHORITY v CAPER PTY LTD
File number: VID 289 of 2011
Judge: MURPHY J
Date of judgment: 2 November 2012
Corrigendum: 21 November 2012
Catchwords: STATUTORY INTERPRETATION – Civil Aviation Regulations - Whether air transport to be classified as charter or regular public transport – meaning of "persons generally" in the regulations ADMINISTRATIVE LAW – Appeal from a decision of the Administrative Appeals Tribunal – whether Tribunal's decision was affected by error of law
Legislation: Acts Interpretation Act 1901 (Cth) Administrative Appeals Tribunal Act 1975 (Cth) Civil Aviation Act 1988 (Cth) Civil Aviation Regulations 1988 (Cth)
Cases cited: Chegwidden v White (1985) 59 ALR 548 Collector of Customs v Agfa-Gevaert Ltd (1996) 186 CLR 389 Collector of Customs v Pozzolanic Enterprises Pty Ltd (1993) 43 FCR 280 Project Blue Sky Inc v Australian Broadcasting Authority (1998) 194 CLR 355 Southern Cross Airlines Pty Ltd v McNamara (1989) 97 FLR 72
Date of hearing: 19 March 2012
Place: Melbourne
Division: GENERAL DIVISION
Category: Catchwords
Number of paragraphs: 96
Counsel for the Applicant: Mr I Harvey
Solicitor for the Applicant: Civil Aviation Safety Authority
Counsel for the Respondent: Mr J Ribbands
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