CSL Australia Pty Limited v Minister for Infrastructure and Transport [2014] FCAFC 10

FEDERAL COURT OF AUSTRALIA

CSL Australia Pty Limited v Minister for Infrastructure and Transport [2014] FCAFC 10 Citation: CSL Australia Pty Limited v Minister for Infrastructure and Transport [2014] FCAFC 10

Appeal from: CSL Australia Pty Ltd v Minister for Infrastructure and Transport (No 3) [2012] FCA 1261; CSL Australia Pty Ltd v Minister for Infrastructure and Transport [2013] FCA 152

Parties: CSL AUSTRALIA PTY LIMITED v MINISTER FOR INFRASTRUCTURE AND TRANSPORT and RIO TINTO SHIPPING PTY LTD

File number(s): NSD 2083 of 2012 NSD 409 of 2013

Judge(s): ALLSOP CJ, MANSFIELD J & RARES J

Date of judgment: 26 February 2014

Catchwords: ADMINISTRATIVE LAW – temporary shipping licences issued under Coastal Trading (Revitalising Australian Shipping) Act 2012 (Cth) – judicial review of decision to issue varied temporary licence – decision by delegate of the Minister – whether failure to take into account relevant considerations – whether taking into account irrelevant considerations – whether object of the Act is a mandatory consideration – procedural fairness – content of procedural fairness under the Act – whether failure to give an opportunity to consider and make submissions – whether failure to disclose material – irrationality or illogicality – whether delegate misconstrued the Act STATUTORY INTERPRETATION – objects of the Coastal Trading Act – objects as an aid to interpretation – where objects appear conflicting STATUTORY INTERPRETATION – object and scope of Pt 4 Div 2 of the Coastal Trading Act ADMINISTRATIVE LAW – exercise of discretion under s 10(b)(ii) of the Administrative Decisions (Judicial Review) Act 1975 (Cth) – whether s 107 of the Coastal Trading Act provides "adequate review" for the purposes of s 10(b)(ii) of the ADJR Act – discretion to refuse relief under s 39B of the Judiciary Act 1903 (Cth)