Federal Court of Australia
FEDERAL COURT OF AUSTRALIA
Fearnley v Australian Fisheries Management Authority [2006] FCAFC 3
FISH AND FISHERIES – Quotas – Quota condition on permit – Authority allots quota to fisherman – Application to Administrative Appeals Tribunal for review of allocation – Thereafter fisherman sells permits and quota – Dismissal of application by Tribunal as frivolous and vexatious on ground that fisherman's interests no longer affected by allocation.
ADMINISTRATIVE LAW – Fisheries – Quotas – Authority allots quota to fisherman – Application to Administrative Appeals Tribunal for review of allocation – Thereafter fisherman sells permits and quota – Dismissal of application by Tribunal as frivolous and vexatious on ground that fisherman's interests no longer affected by allocation.
Fisheries Management Act 1991 (Cth), ss 32, 95, 165 Administrative Appeals Tribunal Act 1975 (Cth) s 42B(1)(a) Fisheries Administration Act 1991 (Cth), ss 5, 6, 7
Re Williams and Australian Electoral Commission (1995) 38 ALD 366 applied Director General Security v Sultan (1998) 90 FCR 334 cited Transurban City Link Ltd v Allan (1999) 95 FCR 553 applied Allan v Transurban City Link Ltd (2001) 208 CLR 167 considered Pawsey v Armstrong (1881) 18 Ch D 698 cited Weiner v Harris [1910] 1 KB 285 cited Addiscombe Garden Estates Ltd v Crabbe [1958] 1 QB 513 cited Street v Mountford [1985] AC 809 cited General Steel Industries Inc v Commissioner for Railways (NSW) (1964) 112 CLR 125 cited
PAUL FEARNLEY v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY
VID 342 OF 2005 FINN, SUNDBERG and EMMETT JJ 10 FEBRUARY 2006 MELBOURNE
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY VID 342 OF 2005
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PAUL FEARNLEY
APPELLANT
AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY
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