Airservices Australia v Monarch Airlines Limited C23/1998 [2000] HCATrans 354 (21 June 2000)

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

Pronouncement of Orders

GLEESON CJ

KIRBY J

CALLINAN J

TRANSCRIPT OF PROCEEDINGS

AT BRISBANE ON WEDNESDAY, 21 JUNE 2000, AT 2.17 PM

Copyright in the High Court of Australia

________________

GLEESON CJ: These proceedings were heard in Canberra on 14 and 15 April 1999 and 3 May 1999. On 2 December 1999, the Court delivered its judgment and gave the parties an opportunity of agreeing upon the form of orders to be made or, in the absence of agreement, of making submissions as to the form of the appropriate orders. The parties have agreed upon the following orders which are now made:

1. Appeal allowed with costs.

2. Set aside the orders of the Full Court of the Federal Court of Australia and in lieu thereof order that:

(a) the appeal to the Full Court of the Federal Court of Australia from the judgment and orders of Justice Branson made on 4 April 1997 be allowed;

(b) set aside the orders of Justice Branson made on 4 April 1997 and in lieu thereof order that within seven days of the date of this order the appellant pay to the respondent the sum of $159,749.89 together with simple interest at the rate of 7.5 per cent per annum from 29 January to the date of payment;

(c) the respondent pay the appellant's costs of the appeal to the Full Court of the Federal Court of Australia;

(d) the respondent pay four-fifths of the appellant's costs of the proceedings in the Federal Court of Australia, including reserved costs.

I publish those orders.

AT 2.19 PM THE MATTER WAS CONCLUDED