Full Court Minute Books

Case H2/2021

Hobart International Airport Pty Ltd v. Clarence City Council & Anor
Australia Pacific Airports (Launceston) Pty Ltd v. Northern Midlands Council & Anor

Case No.

H2/2021; H3/2021

Case Information

Lower Court Judgment

06/08/2020 Federal Court of Australia (Jagot, Kerr and Anderson JJ)

[2020] FCAFC 134

Catchwords

Contracts – Privity of contract – Declaratory relief – Where second respondent Commonwealth registered proprietor of land leased to applicants – Where first respondent Councils not party to lease – Where cl 26.2(a) of lease provides amount equivalent to council rates to be paid to first respondents in respect of leased land – Where lease contemplates that first respondents will participate in mechanism in determining amount payable – Where dispute arose between applicants and first respondents as to amounts payable – Where first respondents sought declaratory and consequential relief with respect to proper construction of cl 26.2(a) – Where primary judge held first respondents did not have standing to seek declaratory relief on basis of privity of contract – Where first respondents successfully appealed to Full Federal Court, which held doctrine of privity only prevents third parties from obtaining executory judgment to enforce terms of contract, not declaratory judgment – Whether doctrine of privity prevents third parties from seeking declaratory relief – Whether third parties have standing to seek declaratory relief in respect of contract. Constitutional law – Judicial power of Commonwealth – Requirement for a “matter” – Jurisdiction of Federal Court – Where there is no dispute between contracting parties as to interpretation of contract – Whether first respondents have rights, duties or liabilities to be established by determination of a court – Whether there is a justiciable controversy or enforceable right, duty or liability to found a “matter”.

Documents

12/02/2021 Hearing (SLA, Canberra)

25/02/2021 Notice of appeal – H2/2021: Hobart International

26/02/2021 Notice of appeal – H3/2021: Australia Pacific Airports

16/04/2021 Written submissions (Appellant - Hobart International)

16/04/2021 Chronology (Appellant - Hobart International)

16/04/2021 Written submissions (Appellant - Australia Pacific Airports)

16/04/2021 Chronology (Appellant - Australia Pacific Airports)

14/05/2021 Written submissions (First respondents - Joint Hobart International & Australia Pacific Airports)

14/05/2021 Written submissions (Second respondent - Australia Pacific Airports)

14/05/2021 Written submissions (Second respondent - Hobart International)

04/06/2021 Reply (to first respondent's submissions - Hobart International)

04/06/2021 Reply (to second respondent's submissions - Hobart International)

04/06/2021 Reply (to first respondent's submissions - Australia Pacific Airports)

04/06/2021 Reply (to second respondent's submissions - Australia Pacific Airports)

10/08/2021 Hearing (Full Court, Canberra) VACATED

12/10/2021 Hearing (Full Court, Canberra)

12/10/2021 Outlines of oral argument (Appellant - Hobart International)

12/10/2021 Outlines of oral argument (Appellant - Australia Pacific Airports)

12/10/2021 Outlines of oral argument (First Respondent - joint)

12/10/2021 Outlines of oral argument (Second Respondent - joint)

18/10/2021 Supplementary written submissions (First respondents - joint)

28/10/2021 Supplementary written submissions (Second respondents - joint)

01/11/2021 Supplementary written submissions (Appellant - Hobart International)

01/11/2021 Supplementary written submissions (Appellant - Australia Pacific Airports)