The full version of this document can be seen here

IN THE FEDERAL COURT OF AUSTRALIA NEW SOUTH WALES DISTRICT REGISTRY
 

RICHARD HAROLD SMITH
Applicant
AIRSERVICES AUSTRALIA PTY LIMITED
Respondent
 

AFFIDAVIT OF THOMAS MORE ANTHONY GRANT
SWORN ON 21 OCTOBER 2004
(Order 14 rule2)
 

On 21 October 2004,1, THOMAS MORE ANTHONY GRANT of 25 Constitution Avenue, Canberra, in the Australian Capital Territory, Corporate Secretary, say on oath:

1. I am the Corporate Secretary of Airservices Australia Pty Limited (AA) and also AA's General Manager, Organisation Development Unit.

2. I am authorised to swear this affidavit on behalf of AA,

3. I have been shown a copy of the affidavit of Richard Harold Smith sworn on 20 October 2004.

4. On 20 October 2004 at 10am, Bernie Smith, Ken McLean and I represented AA at a meeting with the Honourable John Anderson, the Minister for Transport and Regional Services. Also in attendance at this meeting were Peter Marchi and Peter Langhorne (both from the Minister's office), Ken Matthews (by telephone, Secretary of the Department of Transport and Regional Services), Martin Dolan (First Assistant Secretary in the Department-of Transport and Regional Services), Peter Yuile (Deputy Secretary Department of Transport and Regional Services ), Kym Bills (Director of the Australian Transport Safety Bureau), Bruce Byron (Chief Executive Officer of CASA), and Mike Smith (Leader of the National Airspace System Implementation Group).

During the course of this meeting, there was a conversation to the following effect: The minister said

"Could you the representatives of Airservices please tell me about the Dick Smith litigation. I understand that Gilbert and Tobin have suggested discontinuation of the proceedings on the basis that I am going to issue a direction to Airservices"

Bernie Smith said:
"This appears to be the thrust of Gilbert and Tobin's strategy"

I said;
"I'm not sure that they used the word "Direction"."

The Minister said:
"/ have no intention of issuing a Direction."

6. I believe that during the course of the meeting the Minister said on two other occasions that he had no intention of issuing a Direction to stop the implementation of Option 3 on 25 November 2004.

7, Exhibited and marked "TMAG1" is a copy of a letter dated 21 October 2004 to me from the Office of the Deputy Prime Minister and Minister for Transport and Regional Services Leader of the Nationals.

SWORN by TOM GRANT at Sydney in the State of New South Wales this 21 day of October 2004