FEDERAL COURT OF AUSTRALIA


AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY) v POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED

 

AG 35 and AG 36  of   1997

 

 

 

 

 

judges:       beaumont, wilcox and lindgren jj.

place:          sydney

date:            18 FEBRUARY 1998


IN THE FEDERAL COURT OF AUSTRALIA

 

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

AG 35 and AG 36  of 1997

 

BETWEEN:

AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY)

Applicant

 

AND:

POLARIS HOLDING COMPANY AND CANADIAN AIRLINES INTERNATIONAL LIMITED

RespondentS

 

JUDGES:

BEAUMONT, WILCOX AND LINDGREN JJ.

DATE OF ORDER:

18 FEBRUARY 1998

WHERE MADE:

SYDNEY

 

ORDERS:

 


1.         Appeal dismissed with costs.


Note:                Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.



IN THE FEDERAL COURT OF AUSTRALIA

 

AUSTRALIAN CAPITAL TERRITORY DISTRICT REGISTRY

 AG 35 and ag 36 of 1997

 

BETWEEN:

AIRSERVICES AUSTRALIA (FORMERLY CIVIL AVIATION AUTHORITY)

Applicant

 

AND:

POLARIS HOLDING COMPANY and canadian airlines international limited

Respondents

 

 

JUDGES:

BEAUMONT, WILCOX AND LINDGREN JJ.

DATE:

18 february 1998

PLACE:

SYDNEY


REASONS FOR JUDGMENT


THE COURT:

These appeals were listed for hearing at the same time as the appeal in Airservices Australia v Monarch Airlines Limited in which judgment was given today.  Since they raise the same points of principle, these appeals must also be dismissed.



I certify that this page is a true copy of the Reasons for Judgment herein of the Court



Associate:


Dated:              18 February 1998




Counsel for the Applicant:

Mr D J S Jackson QC with Mr K Barlow of counsel



Solicitor for the Applicant:

Mallesons Stephen Jaques



Counsel for the Respondent:

Mr J C Campbell QC with Dr A Bell of counsel



Solicitor for the Respondent:

Allen Allen & Hemsley



Date of Hearing:

24, 25 and 26 September 1997



Date of Judgment:

18 February 1998