Civil Aviation Safety Authority v Sydney Heli-Scenic Pty Limited

[2006] NSWCA 111

NSW Court of Appeal

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Interrogate

Catchwords

1. Contract
2. › Formation
3. › Capacity of statutory authority to contract
4. › Whether compromise agreement gave rise to contractual obligations enforceable by the court
5. › Whether statutory safety framework precluded binding contract
6. › Civil Aviation Act 1988 (Cth), ss 3A, 9A, 13, 28
1. Administrative Law
2. › Statutory authorities
3. › Fettering of discretion
4. › Whether agreement to compromise AAT proceedings constituted anticipatory fetter on statutory discretion
5. › Whether discretion exercised at time of agreement rather than fettered for the future
6. › Civil Aviation Act 1988 (Cth), ss 27-32
1. Administrative Law
2. › Administrative Appeals Tribunal
3. › Settlement of proceedings
4. › Power of parties to reach binding compromise of AAT review proceedings
5. › Administrative Appeals Tribunal Act 1988 (Cth), ss 26, 42C, 42D

Quick Take

A statutory authority with paramount safety obligations may enter into a binding and enforceable contract to compromise AAT proceedings, provided the agreed terms are not incompatible with the statutory safety framework. Where a duly authorised delegate exercises the relevant discretion at the time of agreement, there is no anticipatory fetter on the future exercise of statutory discretion. The general statutory power to contract (here s 13 of the Civil Aviation Act 1988 (Cth)) is capable of supporting such agreements.