Airservices Australia v Canadian Airlines International Ltd C22/1998 [1999] HCATrans 605 (2 December 1999)

IN THE HIGH COURT OF AUSTRALIA

Registry No C22 of 1998

B e t w e e n -

AIRSERVICES AUSTRALIA

Appellant

and

CANADIAN AIRLINES INTERNATIONAL LTD

Respondent

Registry No C23 of 1998

B e t w e e n -

AIRSERVICES AUSTRALIA

Appellant

and

MONARCH AIRLINES LIMITED

Respondent

Registry No C24 of 1998

B e t w e e n -

AIRSERVICES AUSTRALIA

Appellant

and

POLARIS HOLDING COMPANY

Respondent

For Judgment

GLEESON CJ

GAUDRON J

McHUGH J

GUMMOW J

KIRBY J

HAYNE J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT CANBERRA ON THURSDAY, 2 DECEMBER 1999, AT 2.15 PM

Copyright in the High Court of Australia

________________

(Reasons for judgment were delivered)

A majority of the members of the Court favour making orders in each matter to the following effect:

1. Appeal allowed.

2. Set aside the orders of the Full Court of the Federal Court of Australia made on 18 February 1998 and in place thereof order:

(a) appeal to the Full Court of the Federal Court of Australia allowed in part;

(b) set aside the orders and declarations made by Justice Branson on 4 April 1997 and in place thereof order that the respondent pay the applicant the amount agreed by the parties or in default of agreement, as determined together with simple interest at the rate of 71/2 per cent per annum calculated from 29 January 1992 to the date of payment.

3. Respondent pay appellant's costs of the appeals to this Court and to the Full Court of the Federal Court of Australia and four-fifths of the costs of the proceedings before Justice Branson.

Because the terms of the grant of special leave in each matter limited the extent to which the appellant could challenge the financial consequences of the decision of the Federal Court, it will be necessary to allow a time within which the parties may agree upon the amount to be specified in the order for payment and to allow the parties to consider and, if possible, agree upon any further or consequential orders that may be needed, especially in light of the fact that the appellants obtained release of the aircraft concerned by providing security. Accordingly, the only orders that are made today in each matter are:

1. Adjourn further hearing of appeal to a date to be fixed.

2. In the absence of agreement between the parties as to the form of the orders:

(a) on or before 4 February 2000 each party to file and serve on the other party short minutes of the orders it contends should be made;

(b) on or before 18 February 2000 each party to file and serve on the other party written submissions concerning the orders to be made.

I publish those orders.

AT 2.18 PM THE MATTER WAS CONCLUDED