Airservices Australia (formerly Civil Aviation Authority) v Polaris Holding Co

[1998] FCA 80

FEDERAL COURT OF AUSTRALIA

AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) V POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED

AG 35 and AG 36  of   1997

JUDGES:      BEAUMONT, WILCOX AND LINDGREN JJ.
PLACE:         SYDNEY
DATE:           18 FEBRUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 35 and AG 36  of 1997

BETWEEN:	AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) APPLICANT
AND:	POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED RESPONDENTS
JUDGES:		BEAUMONT, WILCOX AND LINDGREN JJ.
DATE OF ORDER:		18 FEBRUARY 1998
WHERE MADE:		SYDNEY

ORDERS:

1. Appeal dismissed with costs.

Note:Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY	AG 35 and AG 36 of 1997

BETWEEN:	AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) APPLICANT
AND:	POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED RESPONDENTS

JUDGES:	BEAUMONT, WILCOX AND LINDGREN JJ.
DATE:	18 FEBRUARY 1998
PLACE:	SYDNEY

REASONS FOR JUDGMENT

THE COURT:
These appeals were listed for hearing at the same time as the appeal in Airservices Australia v Monarch Airlines Limited in which judgment was given today.  Since they raise the same points of principle, these appeals must also be dismissed.

I certify that this page is a true copy of the Reasons for Judgment herein of the Court

Associate:

Dated:             18 February 1998

Counsel for the Applicant:	Mr D J S Jackson QC with Mr K Barlow of counsel
Solicitor for the Applicant:	Mallesons Stephen Jaques
Counsel for the Respondent:	Mr J C Campbell QC with Dr A Bell of counsel
Solicitor for the Respondent:	Allen Allen & Hemsley
Date of Hearing:	24, 25 and 26 September 1997
Date of Judgment:	18 February 1998