Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 3) [2013] FCA 42

FEDERAL COURT OF AUSTRALIA

Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 3) [2013] FCA 42 Citation: Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 3) [2013] FCA 42

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: 31 January 2013

Legislation: Federal Court Rules 2011 (Cth) r 40.04

Cases cited: Colgate-Palmolive Co v Cussans Pty Ltd (1993) FCR 225 Repacholi Aviation Pty Ltd v Civil Aviation Safety Authority (No 2) [2012] FCA 1297

Date of hearing: Determined on the papers

Date of last submissions: 5 December 2012

Place: Perth

Division: GENERAL DIVISION

Category: No Catchwords

Number of paragraphs: 5

Counsel for the Applicants: G Nash QC and E Boros

Solicitor for the Applicants: Maitland Lawyers

Counsel for the Respondent: IL Harvey and PJ Ward

Solicitor for the Respondent: Ashurst Australia

IN THE FEDERAL COURT OF AUSTRALIA WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION WAD 51 of 2009

BETWEEN: REPACHOLI AVIATION PTY LTD (ACN 009 054 022)

First Applicant

GERALD KEITH REPACHOLI

Second Applicant

AND: CIVIL AVIATION SAFETY AUTHORITY

Respondent

JUDGE: MCKERRACHER J DATE OF ORDER: 31 JANUARY 2013 WHERE MADE: PERTH

THE COURT ORDERS THAT:

1. The applicants' application for leave to file a further re-amended statement of claim be dismissed. 2. Judgment be given for the respondent in relation to the whole of the proceeding. 3. The applicants to pay the respondent's costs of the proceeding, including all reserved costs, to be taxed if not agreed. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011