Karina Fisheries Pty Ltd & Ors v Mackie, D.W. [1986] FCA 58

CATCHWORDS Administrative Law - judicial review - decision of fisheries

officer requiring tuna processing vessel to return to port to facilitate investigation of alleged discrepancies between reports and details of an alleged unreported trans-shipment of tuna - application for continuation of order suspending operation of decision - whether applicants could make out arguable case - whether making of decision breached rules of natural justice - whether decision unreasonable - whether alleged discrepancies

"significant".

Fisheries Act, s.10(1)(e) Administrative Decisions (Judicial Review) Act, s.5, 15(1)(a)

Perkins v. Cuthill (1981) 34 A.L.R. 669

Matter No. G8 of 1986

KARINA FISHERIES PITY LTD, DINKQ LUKIN & CAPTAIN SUZUKI v. DON WAYNE MACKIE

Forster J.

m™ Adelaide awe

21 February 1986

RECEIVED souar wes 53

ao FEDERAL COURT O : SRUSTRALIA Ax

PRINCIPAL EGGISTEN

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IN THE FEDERAL COURT OF AUSTRALIA }

)

SOUTH AUSTRALIAN DISTRICT REGISTRY) No. G8 of 1986

)

GENERAL DIVISION )

BETWEEN:

KARINA FISHERTES PY LTD, DINKO LUKIN & CAPTAIN SUZUKI

Applicants - and - DON WAYNE MACKIE

Respondent

MINUTE OF ORDER

JUDGE MAKING ORDER : FORSTER, J. WHERE MADE 3 ADELAIDE DATE OF ORDER : 21 FEBRUARY 1986

THE COURT ORDERS THAT:

Application for suspension of operation of decision is dismissed.

The order granted on 15 February 1986 suspending operation of decision is rescinded.

The applicants pay to the respondent its costs of these

proceedings.

Note: Settlement and entry of orders is dealt with in Order 36 of

the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA ) )

SOUTH AUSTRALIAN DISTRICT REGISTRY) No. G8 of 1986 )

GENERAL DIVISION )

BETWEEN:

KARINA FISHERIES PTY LTD, DINKO LUKIN & CAPTAIN SUZUKI

Applicants - and - DON WAYNE MACKIE

Respondent

REASONS FOR JUDGMENT

CORAM: Forster J. The applicants seek a review under the Administrative Decisions (Judicial Review) Act of a decision of the respondent dated 14 February 1986. The respondent (Mackie) is a fisheries officer and his decision required the master of the Daito Maru ("the ship") to take the ship to Port Lincoln and cause it to remain there until its departure was permitted. The decision was evidenced by a written notice addressed to the ship's master signed by Mackie, a copy of which was exhibited to his affidavit. The notice purports on the face of it to be given pursuant to 5.10(1)(e) of the Fisheries Act 1952 and recites that Mackie "being an officer within the terms of the said Act" requires the master to take the ship to Port Lincoln.