Australia Bay Seafoods Pty Ltd v Northern Territory of Australia [2022] FCAFC 180

Federal Court of Australia

Australia Bay Seafoods Pty Ltd v Northern Territory of Australia [2022] FCAFC 180 Appeal from: Australia Bay Seafoods Pty Ltd v Northern Territory of Australia [2021] FCA 414

File number: NTD 13 of 2021

Judgment of: BESANKO, CHARLESWORTH AND O'BRYAN JJ

Date of judgment: 14 November 2022

Catchwords: ADMINISTRATIVE LAW – appeal against order setting aside originating application seeking judicial review on the basis that the application did not raise any "matter" within the meaning of s 39B of the Judiciary Act 1903 (Cth) – whether claims made raised a justiciable controversy – whether there is an available remedy for the claims made – where declaratory relief seeks to answer abstract questions which will produce no foreseeable consequences for the parties – where application for relief in the nature of certiorari to quash decisions that have no legal effect and no necessary effect on any future decision that may be made – appeal dismissed PRACTICE AND PROCEDURE – whether order setting aside originating application for want of jurisdiction is a final or interlocutory order – whether leave to appeal required PRACTICE AND PROCEDURE – application for leave to reopen appeal and adduce further evidence – evidence concerns events occurring after judgment – relevance of further evidence to an appeal by way of rehearing – applicable principles – leave granted

Legislation: Environment Protection and Biodiversity Conservation Act 1999 (Cth) Federal Court of Australia Act 1976 (Cth) ss 24(1A), 24(1D), 27, 31A(2) Fisheries Legislation (Consequential Provisions) Act 1991 (Cth) ss 7(3)-(4) Fisheries Management Act 1991 (Cth) ss 61, 62, 66, 67, 68, 69, 71(1)-(2), 74, 167A Judiciary Act 1903 (Cth) s 39B Northern Territory (Self-Government) Act 1978 (Cth) s 50(1) Federal Court Rules 2011 (Cth) rr 1.34, 13.01, 36.57(2) Fisheries Act 1988 (NT) ss 2A, 4(1), 5, 7, 21, 22, 23, 57, 58(1), 60, 62, 64, 65, 66, 70, 70A, 70B, 70C, 70D Interpretation Act 1978 (NT) s 17 Fisheries Amendment (Demersal Fishery) Regulations 2012 (NT) Fisheries Amendment (Timor Reef Fishery) Regulations 2011 (NT) Fisheries Regulations 1992 (NT)