Federal Court of Australia
CATCHWORODS
ADMINISTRATIVE APPEALS TRIBUNAL - Appeal - failure of Tribunal make recording or notes of counsel's submissions - whether "error law" - Administrative Appeals Tribunal Act 1975 - 5.33.
Administrative Appeals Tribunal Act ss.33, 44
Ex parte Wood (1889) 6 WN (NSW) 78 Ex parte Reid (1943) 43 SR NSW 207 Klopper v Hogg C1961] WAR 932
Caratti v Commissioner of Police £19741 WAR 73
GEOFFREY OLDFIELD v SECRETARY TO THE DEPARTMENT OF PRIMARY INDUSTRY
NO. WAG 72 of 1987
BOWEN C.d., FORSTER AND LEE Jd. PERTH
14 APRIL 1988
to
of
IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
BETWEEN:
JUDGES MAKING ORDER
or
DATE OF ORDER
NO. WAG 72 of 1987
ON APPEAL from the Administrative Appeals Tribunal constituted by Mr R.D. Nicholson
Deputy President GEOFFREY OLDFIELD Applicant
and
SECRETARY TO THE DEPARTMENT OF PRIMARY INDUSTRY
Respondent
MINUTE OF ORDER
BOWEN C.J., FORSTER and LEE Jud. 14 APRIL 1988
ey
WHERE MADE : PERTH
THE COURT ORDERS THAT:
1. The applicant's appeal be dismissed.
2. The applicant pay the respondent's costs of the appeal.
Note: Settlement and entry of orders is dealt with
Order 36 of the Federal Court Rules.
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FEY
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IN THE FEDERAL COURT OF AUSTRALIA
WESTERN AUSTRALIA DISTRICT REGISTRY GENERAL DIVISION
eee ee
NO. WAG 72 of 1987
ON APPEAL from the Administrative Appeals Tribunal constituted by Mr R.D. Nicholson Deputy President
BETWEEN: GEOFFREY OLDFIELD
Applicant
and
SECRETARY TO THE DEPARTMENT OF PRIMARY INDUSTRY
Respondent
CORAM: Bowen C.J., Forster and Lee JJ. 14 April 1988
REASONS FOR JUDGMENT
THE COURT:
This is an appeal from the Administrative Appeals Tribunal ("the Tribunal") constituted by a Deputy President against the Tribunal's refusal to grant an extension of time for
lodging an application to that Tribunal for the review of a
decision.
The applicant was and is a professional fisherman engaged in the bluefin tuna fishery. Persons 50 engaged are allotted a quota of fish which they may catch ina particular season. One element in the calculation of the quota is the "best
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