South Pacific Air Motive Pty Ltd & Anor v Magnus, Kenneth & Ors [1998] FCA 250

South Pacific Air Motive Pty Ltd & Anor v Magnus, Kenneth & Ors [1998] FCA 250

Because the proceeding before the primary judge was formally an application for summary dismissal but appeared to have been treated as an ultimate question of law, and because counsel accepted that further procedural steps before the primary judge might be desirable, the Full Court stood the appeal over to allow the parties to reconsider the form of the appellate proceedings and, if appropriate, seek further orders from the primary judge.

Jurisdiction
Australia
Judgment Date
12 March 1998
Procedural Posture
Appeal From Interlocutory Orders on an Application for Summary Dismissal / Full Court Hearing After Leave to Appeal Was Granted
Outcome
Appeal stood over for further directions; costs reserved.
Legal Topics
['suitability of Appellate Proceedings' 'summary Dismissal' 'separate Question for Determination' 'representative Proceedings' 'civil Aviation Carrier Liability']
['practice and Procedure' 'aviation Law' 'trade Practices'] ['suitability of Appellate Proceedings' 'summary Dismissal' 'separate Question for Determination' 'representative Proceedings' 'civil Aviation Carrier Liability']

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

Appeal From Interlocutory Orders on an Application for Summary Dismissal / Full Court Hearing After Leave to Appeal Was Granted

Legal Issues

  1. 1 ['Whether the appellate proceeding was suitable in its present form where the notice of motion was for summary dismissal but the primary judge appeared to decide a question of law for ultimate determination.' 'Whether the parties should have an opportunity to approach the primary judge to seek an order for separate determination of a question.' 'Whether the appeal should be stood over rather than proceed immediately.']

Ratio Decidendi

Because the proceeding before the primary judge was formally an application for summary dismissal but appeared to have been treated as an ultimate question of law, and because counsel accepted that further procedural steps before the primary judge might be desirable, the Full Court stood the appeal over to allow the parties to reconsider the form of the appellate proceedings and, if appropriate, seek further orders from the primary judge.

Court Disposition

Appeal stood over for further directions; costs reserved.

Orders

  • ['The appeal is stood over for further directions at a date to be fixed.' "Costs of today's hearing are reserved."]