Aerolineas Agentinas & Ors v Federal Airports Corporation [1996] FCA 164

Aerolineas Agentinas & Ors v Federal Airports Corporation [1996] FCA 164

Leave to amend the statement of claim to incorporate an AD(JR) Act challenge is granted; the amendment is to be treated as dating from 24 December 1993. Collateral challenge is available for jurisdictional error; court declines to exercise discretion to refuse leave under s 11(4).

Source-derived case information.

Jurisdiction
Australia
Judgment Date
06 March 1996
Procedural Posture
Civil / Interlocutory Judgment on Application to Amend Statement of Claim
Outcome
Leave to amend statement of claim granted
Legal Topics
['amendment of Pleadings' 'administrative Decisions (judicial Review) Act' 'collateral Challenge' 'jurisdiction of Courts (cross Vesting) Act']
['administrative Law' 'civil Procedure'] ['amendment of Pleadings' 'administrative Decisions (judicial Review) Act' 'collateral Challenge' 'jurisdiction of Courts (cross Vesting) Act']

Source-derived case record

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

Civil / Interlocutory Judgment on Application to Amend Statement of Claim

Legal Issues

  1. 1 ["Whether the applicants can collaterally challenge the validity of the respondent's June 1991 determination without prior or contemporaneous application under the Administrative Decisions (Judicial Review) Act" 'Whether leave to amend the statement of claim to include AD(JR) Act relief should be granted' 'Whether application for extension of time under s 11(4) AD(JR) Act arises']

Ratio Decidendi

Leave to amend the statement of claim to incorporate an AD(JR) Act challenge is granted; the amendment is to be treated as dating from 24 December 1993. Collateral challenge is available for jurisdictional error; court declines to exercise discretion to refuse leave under s 11(4).

Court Disposition

Leave to amend statement of claim granted

Orders

  • ['Applicants granted leave to amend the statement of claim to incorporate their AD(JR) Act claim, amendment to date from 24 December 1993' 'Order as to amendment to be incorporated in short minutes of order']