Layton v Civil Aviation Safety Authority [2002] FCA 1532

Layton v Civil Aviation Safety Authority [2002] FCA 1532

The statutory power conferred on the Authority by reg 269 and s 98(3)(c) is administrative in nature, not judicial, and thus not invalid for conferring judicial power on an administrative body. The application for extension of time lacks sufficient merit and is dismissed.

Source-derived case information.

Parties
Applicant: Gordon Leith Layton; Respondent: Civil Aviation Safety Authority
Jurisdiction
Australia
Judgment Date
06 December 2002
Procedural Posture
Motion for Leave to Appeal (extension of Time) / Decision on Application for Extension of Time to Appeal
Outcome
application for extension of time to appeal dismissed
Legal Topics
Commonwealth Judicial Power, Validity of Administrative Action, Costs Orders
Administrative Law Constitutional Law Aviation Law Commonwealth Judicial Power Validity of Administrative Action Costs Orders

Source-derived case record

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Parties

Gordon Leith Layton

Applicant

Civil Aviation Safety Authority

Respondent

Procedural Posture

Motion for Leave to Appeal (extension of Time) / Decision on Application for Extension of Time to Appeal

Legal Issues

  1. 1 Whether regulation 269 of the Civil Aviation Regulations 1988 (Cth) and s 98(3)(c) of the Civil Aviation Act 1988 (Cth) impermissibly confer judicial power on the Civil Aviation Safety Authority
  2. 2 Whether there is sufficient merit to justify granting an extension of time to appeal the orders of Kiefel J, including indemnity costs

Ratio Decidendi

The statutory power conferred on the Authority by reg 269 and s 98(3)(c) is administrative in nature, not judicial, and thus not invalid for conferring judicial power on an administrative body. The application for extension of time lacks sufficient merit and is dismissed.

Court Disposition

application for extension of time to appeal dismissed

Orders

  • The application for an extension of time to appeal be dismissed.
  • Mr Layton pay the Authority's costs of and incidental to his application for an extension of time to appeal.