McPherson v Civil Aviation Authority

McPherson was the applicant and the Civil Aviation Authority was the respondent. The applicant sought leave to amend his notice of appeal against the decision of the respondent, which was made on 14 February 1991. The appeal was heard in the Federal Court of Australia. The applicant sought leave to amend the notice of appeal, and also sought directions for the preparation and supply of appeal papers, a statement of contentions, and the fixing of the hearing of the application.

The legal issues before the court included whether the applicant should be granted leave to amend the notice of appeal, and if so, what directions should be made in relation to the preparation and supply of appeal papers, the statement of contentions, and the fixing of the hearing of the application. The court had to consider the relevant rules and procedures governing the amendment of notices of appeal, and whether any prejudice would be caused to the respondent if leave was granted.

The court held that the applicant should be granted leave to amend the notice of appeal. It made orders for the preparation and supply of appeal papers, a statement of contentions, and the fixing of the hearing of the application. The court also ordered that the applicant pay the respondent’s costs of the motion on notice dated 8 March 1991, and that the costs of both parties of this day be otherwise reserved. The court found that the amendment of the notice of appeal would not cause any prejudice to the respondent, and that the directions made were appropriate in the circumstances.