PT Ltd v Federal Airports Corp [1997] FCA 537

PT Ltd v Federal Airports Corp [1997] FCA 537

The Planning and Environment Act 1987 (Vic) and Moonee Valley Planning Scheme do not bind the Crown in right of the Commonwealth nor the Federal Airports Corporation, which enjoys Crown privileges; these privileges and immunities extend to lessee activities for non-aviation purposes as permitted by s. 7(2)(d) of the FAC Act.

Parties
Applicant: P.T. Limited; First Respondent: Federal Airports Corporation; Second Respondent: Schwartz Hart Pty Ltd
Jurisdiction
Australia
Judgment Date
20 June 1997
Procedural Posture
Application / Determination of Reserved Questions; Adjourned for Further Directions
Outcome
Questions reserved answered; application adjourned for further directions
Legal Topics
Crown Immunity, Airport Land Use, Planning Schemes, Privileges and Immunities
Administrative Law Planning Law Constitutional Law Crown Immunity Airport Land Use Planning Schemes Privileges and Immunities

Case Brief

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Parties

P.T. Limited

Applicant

Federal Airports Corporation

First Respondent

Schwartz Hart Pty Ltd

Second Respondent

Procedural Posture

Application / Determination of Reserved Questions; Adjourned for Further Directions

Legal Issues

  1. 1 Whether Planning and Environment Act 1987 (Vic) and Moonee Valley Planning Scheme bind the Crown in right of the Commonwealth
  2. 2 Whether Federal Airports Corporation is entitled to privileges or immunities of the Crown in right of the Commonwealth
  3. 3 Whether those privileges or immunities extend to activities of a lessee for non-aviation purposes

Ratio Decidendi

The Planning and Environment Act 1987 (Vic) and Moonee Valley Planning Scheme do not bind the Crown in right of the Commonwealth nor the Federal Airports Corporation, which enjoys Crown privileges; these privileges and immunities extend to lessee activities for non-aviation purposes as permitted by s. 7(2)(d) of the FAC Act.

Court Disposition

Questions reserved answered; application adjourned for further directions

Orders

  • Questions reserved answered as set out in judgment
  • Application adjourned before Ryan J for directions on a date to be fixed