Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport [2014] FCAFC 103

FEDERAL COURT OF AUSTRALIA

Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport [2014] FCAFC 103 Citation: Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport [2014] FCAFC 103

Appeal from: Sino Iron Pty Ltd v Secretary of the Department of Infrastructure and Transport [2014] FCA 28

Parties: SINO IRON PTY LTD (ACN 058 429 708), KOREAN STEEL PTY LTD (ACN 058 429 600), CITIC PACIFIC MINING MANAGEMENT PTY LTD (ACN 119 578 371) and CAPE PRESTON PORT COMPANY PTY LTD (ACN 147 842 153) v SECRETARY OF THE DEPARTMENT OF INFRASTRUCTURE AND TRANSPORT and MINERALOGY PTY LTD (ACN 010 582 680)

File number(s): NSD 219 of 2014

Judge(s): BUCHANAN, PAGONE AND PERRY JJ

Date of judgment: 20 August 2014

Catchwords: ADMINISTRATIVE LAW – Where port operator designated pursuant to s 14 of the Maritime Transport and Offshore Facilities Security Act 2003 (Cth) ("the Act") – Where port is a "security regulated port" – Designation sought to be set aside pursuant to s 5(1) of the Administrative Decisions (Judicial Review) Act 1977 (Cth) – Construction of subss 14(2)(a)-(b) of the Act – Whether the "ability" of a person to discharge duties falls to be considered by reference to pre-designation powers and responsibilities – Whether decision maker failed to take relevant considerations into account – Whether decision maker breached duty of procedural fairness by failing to provide appellants an opportunity to be heard – No failure to afford procedural fairness – Obligation to obtain views of person responsible for managing operations of a port under s 14(2)(c) – Whether obligation under s 14(2)(c) relates only to person charged with a public role