BGC (Australia) Pty Ltd v Minister for Infrastructure & Transport [2013] FCA 603

FEDERAL COURT OF AUSTRALIA

BGC (Australia) Pty Ltd v Minister for Infrastructure & Transport [2013] FCA 603 Citation: BGC (Australia) Pty Ltd v Minister for Infrastructure & Transport [2013] FCA 603

Parties: BGC (AUSTRALIA) PTY LTD ACN 005 736 005 v MINISTER FOR INFRASTRUCTURE & TRANSPORT and PERTH AIRPORT PTY LTD ACN 077 153 130

File number: WAD 155 of 2011

Judge: MCKERRACHER J

Date of judgment: 20 June 2013

Catchwords: CONTRACTS – sub-lease on airport land – implied term – whether term implied by law that Perth Airport may install airport infrastructure on sub-leased land where that infrastructure is specified in a final master plan approved under a statutory scheme – whether suggested implied term is necessary and obvious – whether it is consistent with express terms of the sub-lease and express statutory scheme providing for compensation where there is acquisition of property STATUTORY INTERPRETATION – application for declaratory relief – whether it is within power for the Minister to approve a final master plan for an airport site under the Airports Act 1996 (Cth) where the final master plan includes possible future land use (the construction of High Intensity Approach Lighting for a runway extension) which may adversely conflict with a sub-lessee's existing rights – whether final master plan is invalid – whether Perth Airport's refusal to grant sub-lessee building approval where perceived inconsistency with final master plan is invalid – consideration of legislative context and the purpose of master planning scheme – where the statutory scheme expressly provides a constitutional safety net for the acquisition of property on just terms