Federal Court of Australia
Federal Court of Australia
AAL Aviation Limited v Perth Airport Pty Ltd [2022] FCA 437 File number(s): NSD 1351 of 2021
Judgment of: JAGOT J
Date of judgment: 27 April 2022
Catchwords: HIGH COURT AND FEDERAL COURT — jurisdiction — whether dispute over lease terms engaged federal jurisdiction — where parties' rights and obligations under lease arise under Commonwealth Acts and contested interpretation of those rights give rise to justiciable controversy — Federal Court has original jurisdiction — costs reserved
Legislation: Airports (Business Concessions) Act 1959 (Cth) Airports (Transitional) Act 1997 (Cth) Airports Act 1996 (Cth) Australian National Airlines Act 1945 (Cth) Constitution Ch III, s 76(ii) Federal Airports Corporation Act 1986 (Cth) Judiciary Act 1903 (Cth) ss 39B(1A)(c), 78B
Cases cited: CGU Insurance Ltd v Blakeley [2016] HCA 2; (2016) 259 CLR 339 Felton v Mulligan [1971] HCA 39; (1971) 124 CLR 367 Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5; (2022) 96 ALJR 234 National Australia Bank Limited v Nautilus Insurance Pte Ltd (No 2) [2019] FCA 1543; (2019) 377 ALR 627 Rana v Google Inc [2017] FCAFC 156; (2017) 254 FCR 1
Division: General Division
Registry: New South Wales
National Practice Area: Commercial and Corporations
Sub-area: Commercial Contracts, Banking, Finance and Insurance
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