Echin v Southern Tablelands Gliding Club Incorporated and Civil Aviation Safety Authority [2012] NSWSC 966

Supreme Court New South Wales

Medium Neutral Citation: Echin v Southern Tablelands Gliding Club Incorporated and Civil Aviation Safety Authority [2012] NSWSC 966 Hearing dates: 17 August 2012 Decision date: 21 August 2012 Before: McCallum J Decision: Pleadings against second defendant struck out pursuant to rule 14.28(1)(a) of the Uniform Civil Procedure Rules 2005 Catchwords: STATUTES - interpretation - deeming provision of s 34AB(1)(c) of the Acts Interpretation Act 1901 - whether reasonably arguable that functions of Civil Aviation Safety Authority were delegated de facto by operation of legislative instrument - whether reasonable cause of action in tort against CASA disclosed

PRACTICE AND PROCEDURE - pleadings - whether reasonable cause of action disclosed - whether pleadings as against Civil Aviation Safety Authority liable to be struck out Legislation Cited: Acts Interpretation Act 1901 Civil Aviation Act 1988 Civil Aviation Regulations 1988 Uniform Civil Procedure Rules 2005 Cases Cited: Scott v Davis [2000] HCA 52; (2000) 204 CLR 334 Kondis v State Transit Authority [1984] HCA 61; (1984) 154 CLR 672 New South Wales v Lepore [2003] HCA 4; (2003) 212 CLR 511 Category: Interlocutory applications Parties: Malcom Echin (plaintiff) Southern Tablelands Gliding Club Incorporated (first defendant) Civil Aviation Safety Authority (second defendant) Representation: Counsel: J Anderson (plaintiff) D Lloyd (first defendant) I Harvey (second defendant) Solicitors: Galland Elder Lulham (plaintiff) Riley Gray-Spencer Lawyers (first defendant) Ashurst Australia Lawyers (second defendant) File Number(s): 2011/4376 Publication restriction: None