Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 2) [2012] FCA 1297 Citation: Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 2) [2012] FCA 1297
Parties: REPACHOLI AVIATION PTY LTD (ACN 009 054 022) and GERALD KEITH REPACHOLI v CIVIL AVIATION SAFETY AUTHORITY
File number: WAD 51 of 2009
Judge: MCKERRACHER J
Date of judgment: 21 November 2012
Catchwords: NEGLIGENCE – whether leave should be granted for a minute of further re-amended statement of claim to be filed – application for summary judgment – whether the applicants had a reasonable prospect of success in establishing breach of a common law duty of care by a statutory body (the Civil Aviation Safety Authority) on the pleaded facts – whether CASA has a common law duty to exercise its statutory powers to avoid causing loss or damage to those who it regulates – whether CASA has a common law duty to make formal inquiries of overseas civil aviation regulators in determining whether a particular type of air operation is safe – whether the alleged common law duty of care as pleaded is inconsistent with the statutory authority's powers and functions
Legislation: Civil Aviation Act 1988 (Cth) ss 3A, 9A, 28 Federal Court of Australia Act 1976 (Cth) s 31A
Cases cited: Civil Aviation Safety Authority v Hotop (2005) 145 FCR 232 Commonwealth of Australia v Griffiths (2007) 70 NSWLR 268 Fernando v Commonwealth (2010) 188 FCR 188 Re Minister for Immigration and Multicultural Affairs; Ex parte Miah (2001) 206 CLR 57 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 2) (2010) 267 ALR 547 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (No 4) (2011) 203 FCR 293 Polar Aviation Pty Ltd v Civil Aviation Safety Authority (2012) 203 FCR 325 Pyrenees Shire Council v Day (1998) 192 CLR 330 Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority [2011] FCAFC 122 Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (2009) 263 ALR 93 Shi v Migration Agents Registration Authority (2008) 235 CLR 286 Spencer v The Commonwealth of Australia (2010) 241 CLR 118 Stuart v Kirkland-Veenstra (2009) 237 CLR 215 Sullivan v Moody (2001) 207 CLR 562 W v Home Office [1997] Imm AR 302 White Industries Australia Ltd v Federal Commissioner of Taxation (2007) 160 FCR 298
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