Civil Aviation Safety Authority v Barrier Aviation Pty Ltd [2013] FCA 227

FEDERAL COURT OF AUSTRALIA

Civil Aviation Safety Authority v Barrier Aviation Pty Ltd [2013] FCA 227 Citation: Civil Aviation Safety Authority v Barrier Aviation Pty Ltd [2013] FCA 227

Parties: CIVIL AVIATION SAFETY AUTHORITY v BARRIER AVIATION PTY LTD ACN 056 643 531

File number: NSD 2240 of 2012

Judge: RARES J

Date of judgment: 22 February 2013

Legislation: Civil Aviation Act 1988 (Cth) ss 3A, 9A(1), 30DB, 30DC, 30DE(2) and (3), 30DH, 30DI Civil Aviation Regulations 1988 (Cth) reg 42G

Cases cited: Civil Aviation Safety Authority v Bell [2008] FCA 1049 applied George v Rocket (1990) 170 CLR 104 applied

Date of hearing: 22 February 2013

Place: Sydney

Division: GENERAL DIVISION

Category: No catchwords

Number of paragraphs: 17

Counsel for the Applicant: Mr I Harvey

Solicitor for the Applicant: Legal Branch, Civil Aviation Safety Authority

Counsel for the Respondent: Mr S Ferrier

Solicitor for the Respondent: Ferrier & Associates Lawyers Pty Ltd

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY GENERAL DIVISION NSD 2240 of 2012

BETWEEN: CIVIL AVIATION SAFETY AUTHORITY

Applicant

AND: BARRIER AVIATION PTY LTD ACN 056 643 531

Respondent

JUDGE: RARES J DATE OF ORDER: 22 FEBRUARY 2013 WHERE MADE: SYDNEY

THE COURT ORDERS THAT:

1. Pursuant to s 30DE(2) of the Civil Aviation Act 1988 (Cth) the respondent be prohibited from doing anything that would otherwise be authorised by the Air Operator's Certificate held by the respondent for a period ending at 5 pm on Friday 22 February 2013. 2. Each party bear its own costs of the proceedings. Note: Entry of orders is dealt with in Rule 39.32 of the Federal Court Rules 2011.