Airservices Australia v Buffier [2000] NSWSC 469

Airservices Australia v Buffier [2000] NSWSC 469

Given Airservices Australia's special interest in ensuring the proper operation and safety of air traffic control communications and the unopposed application, a permanent injunction is appropriate even though the conduct may also constitute a criminal offence.

Jurisdiction
Australia
Judgment Date
18 May 2000
Procedural Posture
Application for Permanent Injunction / Judgment Final Orders
Outcome
Permanent injunction granted
Legal Topics
['equitable Remedies' 'injunctions' 'jurisdiction and Availability' 'effect of Existence of Other Statutory Remedies' 'effect of Availability of Criminal Penalties']
['equity'] ['equitable Remedies' 'injunctions' 'jurisdiction and Availability' 'effect of Existence of Other Statutory Remedies' 'effect of Availability of Criminal Penalties']

Case Brief

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Procedural Posture

Application for Permanent Injunction / Judgment Final Orders

Legal Issues

  1. 1 ['Whether a permanent injunction should be granted restraining the defendant from contacting by telephone the Sydney Air Traffic Control Operations Centre and Sydney Airport Air Traffic Control Tower' 'Whether injunctive relief is appropriate where the conduct may amount to a criminal offence']

Ratio Decidendi

Given Airservices Australia's special interest in ensuring the proper operation and safety of air traffic control communications and the unopposed application, a permanent injunction is appropriate even though the conduct may also constitute a criminal offence.

Court Disposition

Permanent injunction granted

Orders

  • ['The defendant is permanently restrained from contacting by telephone the Sydney Air Traffic Control Operations Centre and the Sydney Airport Air Traffic Control Tower.' "The defendant is to pay the plaintiff's costs in the proceedings."]