Federal Court of Australia
PM JUDCNENT No. 2eS | BR
CATCHWORDS
Administrative Appeals Tribunal - Appeal - Refusal of endorsement
of licence for boat to be used for trawl fishing - Management Plan - criteria to be followed - exercise of discretion - whether
"error of law".
Fisheries Act, 1952 (Cth.) Ss.8(1), 9(4)
Re_ Robinson and Secretary, Department of Primary industry (14 August 1986; 10 ALD 302)
Re Evans and Secretary to the Department of Primary Industry (18 December 1985; 8 ALD 627)
PHILLIP CHARLES SAWYER v. SECRETARY TO THE DEPARTMENT OF PRIMARY
INDUSTRY NO. VG128 of 1987
Sweeney, Northrop and Ryan JJ. Melbourne
1 June, 1988
'a
IN THE PEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY
ed
GENERAL DIVISION
No. VG 128 of 1987
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PHILLIP CHARLES SAWYER
AND : SECRETARY TO THE DEPARTMENT OF
PRIMARY INDUSTRY
THE COURT: Sweeney, Northrop & Ryan JJ.
PLACE Melbourne
DATE 1 June, 1988
MINUTE OF ORDER
THE COURT ORDERS THAT:
The appeal be dismissed with costs.
Note: Settlement and entry of orders is dealt with
the Federal Court Rules.
Applicant
Respondent
in Order 36 of
IN THE FEDERAL COURT OF AUSTRALIA
VICTORIA DISTRICT REGISTRY No. VG 128 of 1987
ee ee ew
GENERAL DIVISION
ON APPEAL FROM THE ADMINISTRATIVE APPEALS TRIBUNAL
BETWEEN: PHILLIP CHARLES SAWYER Applicant
AND : SECRETARY TO THE DEPARTMENT OF
PRIMARY INDUSTRY Respondent
THE COURT: Sweeney, Northrop & Ryan JJ.
PLACE Melbourne
ry
DATE 1 June, 1988
REASONS FOR JUDGMENT
Sweeney and Ryan JJ.
This is an appeal from a decision of the Administrative Appeals Tribunal, constituted by Deputy President Mr I.R. Thompson, Mr R.A. Sinclair and Mr M.C. Trinick, given on 7 May
1987, in which the Tribunal affirmed the decision under review.
That decision, by a delegate of the Minister of State for Primary Industry, was to refuse to endorse under sub-section 9(4) of the Pisheries Act 1952 ("the Act") a licence in respect of a boat still to be built or acquired by the applicant so as to
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