The Village Building Co Limited v Airservices Australia [2007] FCA 1547

The injunction is granted due to the short time between now and the appeal hearing, permitting maintenance of the status quo pending Full Court consideration, recognising limitations of single judge appellate jurisdiction.

Parties: Appellant: The Village Building Co Limited; First Respondent: Airservices Australia; Second Respondent: Canberra International Airport Pty Ltd
Jurisdiction: Australia
Judgment Date: 02 October 2007
Procedural Posture: Appeal / Interlocutory Application for Injunction Pending Appeal
Outcome: interlocutory injunction granted; costs reserved; liberty to apply
Legal Topics: Injunctions, Statutory Instruments, Appellate Procedure

Administrative Law Injunctions Statutory Instruments Appellate Procedure

Case Brief

Summary, issues, holding and outcome

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Parties

The Village Building Co Limited

Appellant

Airservices Australia

First Respondent

Canberra International Airport Pty Ltd

Second Respondent

Procedural Posture

Appeal / Interlocutory Application for Injunction Pending Appeal

Legal Issues

1 Whether an interlocutory injunction should be granted to restrain endorsement of a draft Australian Noise Exposure Forecast pending appeal

Ratio Decidendi

Court Disposition

interlocutory injunction granted; costs reserved; liberty to apply

Orders

First respondent restrained until 5.00 pm on Friday 2 November 2007 or further order from endorsing any new draft ANEF for Canberra International Airport
Motion for stay adjourned to commencement of the appeal