12 June 2008

Mr Bruce Byron AM

Chief Executive Officer

Civil Aviation Safety Authority

GPO Box 2005

CANBERRA    ACT   2601                                         

BY FACSIMILE: (02) 6217 1444                                                          

Dear Sir

Dick Smith

Application for CASA Approval

Civil Aviation Regulation 166(4)(a)

We refer to previous correspondence.

Our client this morning received in the ordinary mail a letter from your office dated 6 June 2008 and signed by Mick Quinn, Deputy Chief Executive Officer, Operations.  Significantly, the envelope had an Australia Post notation “processed 547 10 JUN 08”.

Although, the letter on its face is copied to the writer, we have yet to receive a separate copy.

As acknowledged in your letter, you have delayed over six months in responding to our client’s application for CASA approval made on 15 January 2008.  On 23 May 2008 we requested a response to the application within seven days and foreshadowed commencing proceedings in the Federal Court of Australia if such response was not received.

As you are aware, on 11 June 2008 the foreshadowed proceedings were commenced and before your letter had been received.

In the circumstances, it will not be necessary to proceed with the proceedings in the Federal Court but it is only fair and reasonable that you agree to payment of our client’s costs incurred to date in preparing and filing the Application, which would have been avoided had the January 2008 Application been promptly dealt with.  We assess such costs at $9,500 (including counsel’s fees) and request your agreement to pay that amount. 

In reliance upon previous correspondence, our client would have grounds to apply for costs when withdrawing the proceedings on 9 July 2008.  We trust that that will not be necessary. 

Would you please respond to this request within seven days from this date.

Yours faithfully

Mark O'Brien

Partner