K.F.V. Fisheries (Qld) Pty Ltd v The Honourable John Kerin, the Minister for Primary Industries [1984] FCA 331

i ' t 331 . CATCHWGRDS Judicial review - trade and commerce - export of frozen prawns - whether prawns lawfuily rejected for export on

ground that they were not at temperature of -18 dearees C.

when inspected ~- consideration of complex leqal framework.

Export Control Act 1982. ss. 3,6,7 and 25

Export Control (Miscellaneous Amendments) Act 1982. ss. 11 to

Export Control (General) Requlations 1982. reas. 2. 4 and 5

Export Control (General) Requlations (Amendments) 1983. reas.

1 and 6

Exports (Fish) Requlations 1949, reds. 3, 3A. 6. 12, 14, 15, 16. 18, 19, 20, 23, 24 and 25

Customs Act 1901, ss. 112 and 270

Acts Interpretation Act 1901, ss. 4, 7 and 46

K.F.V. FISHERIES (OLD) PTY LIMITED v. THE HONOURABLE JOHN

KERIN. THE MINISTER FOR PRIMARY INDUSTRIES

No. W.A. G63 of 1984

Coram: Sheppard J.

Date : 19 October 1984

Place: Sydney

IN THE FEDERAL COURT GF AUSTRALIA

WESTERN AUSTRALIAN DISTRICT REGISTRY No. W.A.G63 of 1984

wee vw

GENERAL DIVISION

BETWEEN:

K.F.V. FISHERIES (OLD) PTY LIMITED

Applicant THE HONOURABLE JOHN KERIN, THE MINISTER FOR PRIMARY INDUSTRIES Respondent ORDER JUDGE MAKING ORDER: : Sheppard J. DATE OF ORDER : 19 October 1994 WHERE MADE : Svdnev

THE COURT ORDERS THAT

i. The decisions made by or on behalf of the respondent Minister on S and 6 October 1983 to reiect for export 414 cartons of frozen head-on tiger prawns then in store act the applicant's premises at 304 Houndarv Road.

Townsville. Oueensland, be set aside.

2. The respondent pay the applicant's costs of the application. 3. There be liberty to either party to apply in relation to

the form of the orders provided that notice of intention

2. so to apply 1s given to the District Reqistrar at Perth

and to the other wartv within 14 days from today.

IN THE FEDERAL COURT OF AUSTRALIA ) )

WESTERN AUSTRALIAN DISTRICT REGISTRY) No. W.A.G63 of 1984 )