Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54

High Court of Australia Mason C.J. Brennan, Deane, Dawson, Toohey, Gaudron and McHugh JJ. Commonwealth v Amann Aviation Pty Ltd [1991] HCA 54

ORDER Appeal dismissed with costs.

Cur. adv. vult.

The following written judgments were delivered:—

Dec. 12 Mason C.J. and Dawson J.

Amann Aviation Pty. Ltd. ("Amann"), the respondent in these proceedings, brought an action in this Court's original jurisdiction for damages for breach of contract against the Commonwealth of Australia. The action, which was remitted for hearing to the Federal Court pursuant to s. 44(1) of the Judiciary Act 1903 Cth, was heard by Beaumont J. He delivered judgment in favour of Amann, assessed damages in the sum of $410,000 and ordered the Commonwealth to pay one half of Amann's costs [1] . Amann appealed to the Full Court of the Federal Court on the grounds that Amann was entitled to a substantially higher award of damages than that awarded at first instance and that it should not have been deprived of one half of its costs. The Commonwealth cross-appealed on the grounds that judgment should have been given in its favour and, if not, that the damages awarded should have been nominal only.

1. (1988) 100 A.L.R. 267.

The Full Court (Davies, Sheppard and Burchett JJ.) [2] allowed the appeal and varied the orders made by the trial judge by substituting the following orders: (a) that the Commonwealth pay Amann the sum of $6,600,207; and (b) that the Commonwealth pay 90 per cent of Amann's costs of the proceedings before the trial judge. The Full Court ordered that the Commonwealth pay Amann's costs of the appeal and dismissed the cross-appeal with costs. The Commonwealth has appealed to this Court seeking in effect that its cross-appeal to the Full Court be allowed.

1. (1990) 22 F.C.R. 527.