Broadbent, M.R.M. v Fairbairn, W.A. & Anor [1995] FCA 457

Broadbent, M.R.M. v Fairbairn, W.A. & Anor [1995] FCA 457

The Authority has not acted to suspend or cancel Dr. Broadbent's licence despite prior opportunity; interim restraint is justified to preserve applicant's rights pending hearing, but only for actions justified by events or circumstances prior to 10 a.m. on the date of the order.

Parties
Applicant: MICHAEL RUSSELL MARK BROADBENT; First Respondent: WILLIAM ALLAN FAIRBAIRN; Second Respondent: CIVIL AVIATION AUTHORITY
Jurisdiction
Australia
Judgment Date
30 June 1995
Procedural Posture
Application for Interlocutory Injunction / Interlocutory Hearing; Orders Pending Substantive Determination
Outcome
Interlocutory relief partially granted; application adjourned for hearing
Legal Topics
Interlocutory Injunction, Civil Aviation Licensing, Judicial Review
Administrative Law Interlocutory Injunction Civil Aviation Licensing Judicial Review

Case Brief

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Parties

MICHAEL RUSSELL MARK BROADBENT

Applicant

WILLIAM ALLAN FAIRBAIRN

First Respondent

CIVIL AVIATION AUTHORITY

Second Respondent

Procedural Posture

Application for Interlocutory Injunction / Interlocutory Hearing; Orders Pending Substantive Determination

Legal Issues

  1. 1 Whether the Civil Aviation Authority can suspend, cancel, or attach restrictive conditions to the applicant's pilot's licence pending determination of the review application
  2. 2 Whether an interim restraint is justified pending the interlocutory hearing

Ratio Decidendi

The Authority has not acted to suspend or cancel Dr. Broadbent's licence despite prior opportunity; interim restraint is justified to preserve applicant's rights pending hearing, but only for actions justified by events or circumstances prior to 10 a.m. on the date of the order.

Court Disposition

Interlocutory relief partially granted; application adjourned for hearing

Orders

  • The application for interlocutory relief is adjourned to 2.15 p.m. on Thursday, 6 July, 1995.
  • The Authority is restrained until 6.00 p.m. on Thursday, 6 July or earlier order from suspending, cancelling, or attaching conditions to the applicant's pilot's licence with respect to events or circumstances prior to 10.00 a.m. today.