Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 2) [2012] FCA 575

Civil Aviation Safety Authority v Alligator Airways Pty Limited (No 2) [2012] FCA 575

CASA was successful in obtaining the prohibition order, Alligator identified no special circumstances warranting departure from the usual rule that costs follow the event, CASA had brought the application in performance of its statutory duty on strong evidence, and there was no justification for apportioning the first part of the hearing costs. Alligator's attempt to raise the Aircraft Survey Reports in VID 350 of 2012 was effectively an application to reopen a proceeding to address an issue not before the Court, and no exceptional circumstances justified doing so.

Jurisdiction
Australia
Judgment Date
01 June 2012
Procedural Posture
Costs and Amendment Issues Following Urgent Aviation Safety Prohibition Order Proceedings and Related Judicial Review Proceeding / Further Orders After Urgent Prohibition Order Made on 18 May 2012
Outcome
Costs ordered in favour of the Civil Aviation Safety Authority; Alligator's attempt to reopen VID 350 of 2012 rejected; CASA's submission that VID 348 of 2012 had been abandoned rejected.
Legal Topics
['costs Following the Event' 'prohibition Order' 'aircraft Survey Reports' 'amendment of Application' 'reopening Proceedings' 'judicial Review']
['aviation Law' 'administrative Law' 'civil Procedure'] ['costs Following the Event' 'prohibition Order' 'aircraft Survey Reports' 'amendment of Application' 'reopening Proceedings' 'judicial Review']

Case Brief

Summary, issues, holding and outcome

More case intelligence is available

Unlock the full research layer for this judgment.

Full judgment text Downloadable case file Legal principles 1 Authorities cited 2 Party arguments 2 Amounts and remedies 1
Sign in to unlock

Procedural Posture

Costs and Amendment Issues Following Urgent Aviation Safety Prohibition Order Proceedings and Related Judicial Review Proceeding / Further Orders After Urgent Prohibition Order Made on 18 May 2012

Legal Issues

  1. 1 ["Whether Alligator Airways Pty Limited should pay CASA's costs in proceeding VID 350 of 2012 and non-common costs in proceeding VID 348 of 2012." 'Whether costs in VID 350 of 2012 should be apportioned so CASA bore the costs of the first day or day and a half of the hearing.' 'Whether Alligator should be heard in VID 350 of 2012 to seek to set aside or vary Aircraft Survey Reports issued during the hearing.' 'Whether Alligator should be permitted to amend its application in VID 348 of 2012 to seek judicial review of the Aircraft Survey Reports.']

Ratio Decidendi

CASA was successful in obtaining the prohibition order, Alligator identified no special circumstances warranting departure from the usual rule that costs follow the event, CASA had brought the application in performance of its statutory duty on strong evidence, and there was no justification for apportioning the first part of the hearing costs. Alligator's attempt to raise the Aircraft Survey Reports in VID 350 of 2012 was effectively an application to reopen a proceeding to address an issue not before the Court, and no exceptional circumstances justified doing so.

Court Disposition

Costs ordered in favour of the Civil Aviation Safety Authority; Alligator's attempt to reopen VID 350 of 2012 rejected; CASA's submission that VID 348 of 2012 had been abandoned rejected.

Orders

  • ['Alligator Airways Pty Limited to pay the costs of the Civil Aviation Safety Authority in proceeding VID 350 of 2012, and any non-common costs in proceeding VID 348 of 2012.']