Griffiths, F. & Anor v Civil Aviation Authority & Anor [1995] FCA 342

Griffiths, F. & Anor v Civil Aviation Authority & Anor [1995] FCA 342

The proceeding was dismissed because the remaining company applicant had not formulated any proposed amendment or positive pleaded case for relief, the notices of constitutional matter filed in withdrawn proceeding QG117/93 did not appropriately relate to the company, the original purpose for leaving QG95/93 on foot had fallen away once the AAT accepted jurisdiction, and any further claims could more appropriately be brought in fresh proceedings.

Jurisdiction
Australia
Judgment Date
16 May 1995
Procedural Posture
Application for Prohibition, Mandamus and Injunction Against an Officer of the Commonwealth / Application to Dismiss Proceedings and Request for Adjournment
Outcome
Application QG95/93 on behalf of Grif-Air Helicopters Pty. Ltd. as second applicant dismissed with costs.
Legal Topics
['dismissal of Proceedings' 'adjournment' 'civil Aviation Authority Licence and Certificate Suspensions' 'costs']
['practice and Procedure' 'administrative Law' 'aviation Law'] ['dismissal of Proceedings' 'adjournment' 'civil Aviation Authority Licence and Certificate Suspensions' 'costs']

Case Brief

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Procedural Posture

Application for Prohibition, Mandamus and Injunction Against an Officer of the Commonwealth / Application to Dismiss Proceedings and Request for Adjournment

Legal Issues

  1. 1 ['Whether the remaining proceeding on behalf of Grif-Air Helicopters Pty. Ltd. should be allowed to continue despite no formulated proposed amendment or positive pleaded case for relief by the company.' 'Whether an adjournment should be granted to allow material from notices of constitutional matter and withdrawn affidavits to be re-pleaded.' 'Whether the Civil Aviation Authority should receive its costs of the application and notice of motion.']

Ratio Decidendi

The proceeding was dismissed because the remaining company applicant had not formulated any proposed amendment or positive pleaded case for relief, the notices of constitutional matter filed in withdrawn proceeding QG117/93 did not appropriately relate to the company, the original purpose for leaving QG95/93 on foot had fallen away once the AAT accepted jurisdiction, and any further claims could more appropriately be brought in fresh proceedings.

Court Disposition

Application QG95/93 on behalf of Grif-Air Helicopters Pty. Ltd. as second applicant dismissed with costs.

Orders

  • ['Application QG95/93 on behalf of Grif-Air Helicopters Pty. Ltd. as second applicant be dismissed.' "Grif-Air Helicopters Pty. Ltd. pay the respondent's costs of and incidental to the application and notice of motion filed 15 August, 1994 to be taxed."]