Austral Pacific Group v Airservices Aust

Austral Pacific Group Limited (in liq) (APG) and Austral Pacific Finance Limited (APF) (together, the appellants) brought proceedings against Airservices Australia (Airservices), the respondent. The dispute concerned the proper characterisation of certain payments made by APG to Airservices for air navigation charges. APG contended that these payments were made under a mistake of law and were therefore recoverable. The case was heard in the High Court of Australia.

The central legal issue before the High Court was whether the payments made by APG to Airservices for air navigation charges were recoverable as money paid under a mistake of law. This required the court to consider the principles governing the recovery of money paid under a mistake, particularly in the context of statutory charges, and whether the relevant legislation, the *Air Services Act 1995* (Cth) and the *Civil Aviation Act 1988* (Cth), precluded such recovery.

Gummow and Hayne JJ held that the payments were not recoverable. Their Honours reasoned that the payments were made pursuant to a statutory obligation imposed by the *Air Services Act 1995* and its associated regulations. The appellants had not demonstrated that they paid the charges under a mistake of law in the relevant sense, nor that the statutory scheme contemplated or permitted the recovery of such payments. The court affirmed that where a payment is made under a statutory obligation, it is generally not recoverable on the ground of mistake of law, absent specific statutory provision to the contrary. The appeal was dismissed.