Lloyd Helicopters Pty Ltd v Civil Aviation Safety Authority (No 2) [2014] FCA 1070

Lloyd Helicopters Pty Ltd v Civil Aviation Safety Authority (No 2) [2014] FCA 1070

The application to strike out allegations and set aside discovery was dismissed because the pleadings, while unusual in length and detail, raised arguable issues of bias, unreasonableness, and failure to take relevant considerations into account, which should be permitted to go to trial; similarly, discovery categories relating to these matters should not be set aside at this interlocutory stage.

Parties
Applicant: Lloyd Helicopters Pty Ltd; First Respondent: Civil Aviation Safety Authority; Second Respondent: Desmond John Byfield; Third Respondent: Greg Deal
Jurisdiction
Australia
Judgment Date
02 October 2014
Procedural Posture
Judicial Review / Interlocutory Application to Strike Out Points of Claim and Set Aside Discovery Categories
Outcome
Interlocutory application dismissed
Legal Topics
Interlocutory Application, Judicial Review, Allegations of Bias, Discovery Procedures, Strike Out of Pleadings
Administrative Law Interlocutory Application Judicial Review Allegations of Bias Discovery Procedures Strike Out of Pleadings

Case Brief

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Parties

Lloyd Helicopters Pty Ltd

Applicant

Civil Aviation Safety Authority

First Respondent

Desmond John Byfield

Second Respondent

Greg Deal

Third Respondent

Procedural Posture

Judicial Review / Interlocutory Application to Strike Out Points of Claim and Set Aside Discovery Categories

Legal Issues

  1. 1 Whether paragraphs of points of claim relating to bias, unreasonableness, and relevant considerations should be struck out
  2. 2 Whether existing discovery categories should be set aside

Ratio Decidendi

The application to strike out allegations and set aside discovery was dismissed because the pleadings, while unusual in length and detail, raised arguable issues of bias, unreasonableness, and failure to take relevant considerations into account, which should be permitted to go to trial; similarly, discovery categories relating to these matters should not be set aside at this interlocutory stage.

Court Disposition

Interlocutory application dismissed

Orders

  • The interlocutory application is dismissed.
  • The applicant on the interlocutory application to pay the respondent's costs.