BGC (Australia) Pty Ltd v Minister for Infrastructure & ransport (No 2) [2013] FCA 733

BGC (Australia) Pty Ltd v Minister for Infrastructure & ransport (No 2) [2013] FCA 733

The Court refused Perth Airport's requested reverse declarations because BGC's failure to establish invalidity or excess of power left the status quo in place and no real legal consequence would be produced by making the declarations. The Minister was entitled to costs from BGC because the Minister was wholly successful and the costs order was unopposed. No costs order was made between BGC and Perth Airport because BGC failed on the Master Plan invalidity point but succeeded on the significant issue that Perth Airport had no unqualified implied right at law under the sub-lease to install the airport infrastructure, so the spoils were shared reasonably equally.

Jurisdiction
Australia
Judgment Date
26 July 2013
Procedural Posture
Federal Court Proceeding Concerning Declaratory Relief, Final Orders and Costs After Trial of a Preliminary Issue / Determined on the Papers; Settling Final Orders Following BGC (australia) Pty Ltd V Minister for Infrastructure & Transport [2013] FCA 603
Outcome
Applicant's relevant claims dismissed; reverse declaratory relief declined; applicant ordered to pay the first respondent's costs; no order as to costs between applicant and second respondent.
Legal Topics
['declaratory Relief' 'final Orders' 'preliminary Issue' 'airports Act 1996 (cth) Final Master Plan' 'federal Court Costs Discretion']
['administrative Law' 'civil Procedure' 'aviation Law' 'costs'] ['declaratory Relief' 'final Orders' 'preliminary Issue' 'airports Act 1996 (cth) Final Master Plan' 'federal Court Costs Discretion']

Case Brief

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Procedural Posture

Federal Court Proceeding Concerning Declaratory Relief, Final Orders and Costs After Trial of a Preliminary Issue / Determined on the Papers; Settling Final Orders Following BGC (australia) Pty Ltd V Minister for Infrastructure & Transport [2013] FCA 603

Legal Issues

  1. 1 ["Whether the Court should grant reverse declaratory relief that the Minister did not act beyond power in approving Perth Airport's Final Master Plan dated 2 November 2009 pursuant to s 81(2) of the Airports Act 1996 (Cth)." 'Whether the Perth Airport Final Master Plan dated 2 November 2009 should be declared not invalid.' "Whether Perth Airport's refusal to consent to BGC's application dated 25 January 2011 for building approval should be declared not invalid by reason that the Master Plan provides for High Intensity Approach Lighting on the premises sub-leased by BGC." 'What costs orders should be made as between BGC, the Minister and Perth Airport.']

Ratio Decidendi

The Court refused Perth Airport's requested reverse declarations because BGC's failure to establish invalidity or excess of power left the status quo in place and no real legal consequence would be produced by making the declarations. The Minister was entitled to costs from BGC because the Minister was wholly successful and the costs order was unopposed. No costs order was made between BGC and Perth Airport because BGC failed on the Master Plan invalidity point but succeeded on the significant issue that Perth Airport had no unqualified implied right at law under the sub-lease to install the airport infrastructure, so the spoils were shared reasonably equally.

Court Disposition

Applicant's relevant claims dismissed; reverse declaratory relief declined; applicant ordered to pay the first respondent's costs; no order as to costs between applicant and second respondent.

Orders

  • ["Paragraphs 1, 2, 3 and 4 of the applicant's amended application dated 23 August 2011 ('the application') be dismissed." "The applicant's claim against the first respondent be dismissed." "The applicant pay the first respondent's costs including reserved costs, to be taxed if not agreed." "There be no order as to...