Ansett Transport Industries & Anor v Taylor, R.M. [1987] FCA 240

Ansett Transport Industries & Anor v Taylor, R.M. [1987] FCA 240

The Secretary's failure to allow Ansett and Australian Airlines an opportunity to present material and make comments during the determination under clause 6(1)(c), particularly on matters affecting their interests, amounted to a denial of natural justice. Although the Secretary considered relevant material and acted diligently, the procedure did not accord procedural fairness as required.

Parties
First Applicant: Ansett Transport Industries Limited; Second Applicant: Australian National Airlines Commission; First Respondent: Rae Martin Taylor; Second Respondent: East-West Airlines (Operations) Limited
Jurisdiction
Australia
Judgment Date
14 May 1987
Procedural Posture
Judicial Review / First Instance Judgment
Outcome
Application allowed in part; Secretary's decision quashed
Legal Topics
Natural Justice, Procedural Fairness, Review of Administrative Decisions, Two Airlines Agreement, Improper Exercise of Power
Administrative Law Natural Justice Procedural Fairness Review of Administrative Decisions Two Airlines Agreement Improper Exercise of Power

Case Brief

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Parties

Ansett Transport Industries Limited

First Applicant

Australian National Airlines Commission

Second Applicant

Rae Martin Taylor

First Respondent

East-West Airlines (Operations) Limited

Second Respondent

Procedural Posture

Judicial Review / First Instance Judgment

Legal Issues

  1. 1 Whether the Secretary's decision under clause 6(1)(c) of the Two Airlines Agreement was vitiated by errors of law or improper exercise of power
  2. 2 Whether the decision was made in breach of the rules of natural justice applicable in the circumstances

Ratio Decidendi

The Secretary's failure to allow Ansett and Australian Airlines an opportunity to present material and make comments during the determination under clause 6(1)(c), particularly on matters affecting their interests, amounted to a denial of natural justice. Although the Secretary considered relevant material and acted diligently, the procedure did not accord procedural fairness as required.

Court Disposition

Application allowed in part; Secretary's decision quashed

Orders

  • The decision of Rae Martin Taylor, Secretary of the Department of Aviation, made on or about 31 October 1986 under clause 6(1)(c) of the agreement made 28 May 1981 is quashed.
  • Rae Martin Taylor to pay two-thirds of the costs of Ansett Transport Industries Limited and the Australian National Airlines Commission of this proceeding.