Hobart International Airport Pty Ltd v Clarence City Council [2022] HCA 5

HIGH COURT OF AUSTRALIA

KIEFEL CJ,

GAGELER, KEANE, GORDON, EDELMAN, STEWARD AND GLEESON JJ

Matter No H2/2021

HOBART INTERNATIONAL AIRPORT PTY LTD APPELLANT

AND

CLARENCE CITY COUNCIL & ANOR RESPONDENTS

Matter No H3/2021

AUSTRALIA PACIFIC AIRPORTS (LAUNCESTON)

PTY LTD APPELLANT

AND

NORTHERN MIDLANDS COUNCIL & ANOR RESPONDENTS

Hobart International Airport Pty Ltd v Clarence City Council

Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council

[2022] HCA 5

Date of Hearing: 12 October 2021

Date of Judgment: 9 March 2022

H2/2021 & H3/2021

ORDER

In each matter:

Appeal dismissed with costs.

On appeal from the Federal Court of Australia

Representation

K A Stern SC with L A Coleman for the appellant in each matter (instructed by Corrs Chambers Westgarth, Tierney Law and King & Wood Mallesons)

S B McElwaine SC and K Cuthbertson for the first respondent in each matter (instructed by Simmons Wolfhagen)

S P Donaghue QC, Solicitor-General of the Commonwealth, with C L Lenehan SC and K E Foley for the second respondent in each matter (instructed by Australian Government Solicitor)

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

CATCHWORDS

Hobart International Airport Pty Ltd v Clarence City Council

Australia Pacific Airports (Launceston) Pty Ltd v Northern Midlands Council

Constitutional Law (Cth) – Judicial power of Commonwealth – Meaning of "matter" – Where Commonwealth entered leases ("Leases") with operators of Hobart Airport and Launceston Airport ("Lessees") for Hobart Airport site and Launceston Airport site ("Airports") – Where Clarence City Council and Northern Midlands Council ("Councils") administer municipal area covering Airports – Where Airports not amenable to council rates or State land tax because located on Commonwealth land – Where cl 26.2(a) of Leases requires that, in lieu of rates, Lessees pay Councils amount that would have been payable if Airports not on Commonwealth land, but relevantly only in respect of parts of Airports on which "trading or financial operations are undertaken" – Where Lessees required to use "all reasonable endeavours" to enter agreements with Councils to make such payments – Where Commonwealth and Lessees not in dispute about meaning of cl 26.2(a) or Lessees' compliance with it – Where Councils not parties to Leases – Where Councils sought declaratory relief regarding proper construction of cl 26.2(a) and Lessees' obligations to make payments – Whether dispute involves "matter" for purposes of Ch III of Constitution – Whether dispute involves justiciable controversy – Whether Councils have standing to have dispute determined.