Austral Pacific Group Limited v Airservices Australia [2000] HCA 39

HIGH COURT OF AUSTRALIA

GLEESON CJ,

McHUGH, GUMMOW, HAYNE AND CALLINAN JJ

AUSTRAL PACIFIC GROUP LIMITED

(IN LIQUIDATION) APPELLANT

AND

AIRSERVICES AUSTRALIA RESPONDENT

Austral Pacific Group Limited v Airservices Australia [2000] HCA 39

3 August 2000

B46/1999

ORDER

Appeal dismissed with costs.

On appeal from the Supreme Court of Queensland

Representation:

P J Lyons QC with R N Traves for the appellant (instructed by Michael Stewart)

P A Keane QC with P A Freeburn for the respondent (instructed by Corrs Chambers Westgarth)

Notice: This copy of the Court's Reasons for Judgment is subject to formal revision prior to publication in the Commonwealth Law Reports.

CATCHWORDS

Austral Pacific Group Limited v Airservices Australia

Negligence – Action by employee against appliance manufacturer – Manufacturer issued third party proceedings against Commonwealth authority employer – Federal jurisdiction attracted – Application by Commonwealth authority to strike out manufacturer's third party notice against it – Whether Commonwealth authority was liable as a joint tortfeasor "in respect of the same damage" as manufacturer – Whether employee's non‑compliance with the requirement of election in s 45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) ever subjected the Commonwealth authority to liability to the employee.

Federal jurisdiction – Whether s 64 of the Judiciary Act 1903 (Cth) operated – Whether s 79 of the Judiciary Act 1903 (Cth) "picked up" ss 6 and 7 of the Law Reform Act 1995 (Q) – Whether ss 44 or 45 of the Safety, Rehabilitation and Compensation Act 1988 (Cth) "otherwise provided" within the meaning of s 79 of the Judiciary Act 1903 (Cth).

Words and phrases – "matter", "the Commonwealth", "otherwise provided".

Constitution, ss 75(iii), 76(ii).

Air Services Act 1995 (Cth), ss 7, 8.

Civil Aviation Act 1988 (Cth).