Karina Fisheries Pty Ltd & Anor v Evans, G.C. [1988] FCA 330

gues Bao"

CATCHWORDS Administrative Law - application to review decisions of official of Department of Primary Industry - restriction of fishing licence - natural justice - relevant considerations - whether licencee sufficiently informed of allegations - whether relevant

consideration taken into account.

Administrative Decisions (Judicial Review) Act 1977 ss.5(1)(a), Stijyte), S(2)(b), 13.

Kioa v. West (1985) 159 CLR 550 McVeigh v. Willara Pty Ltd (1984) 6 FCR 587 Minister for Aboriginal Affairs v. Peko Wallsend Ltd (1986) 162

CLR 24

No. SA G8 of 1988

KARINA FISHERIES PTY LTD AND DINKO LUKIN V. GRAHAN CHARLES EVANS

FORSTER, J. ADELAIDE 1 JULY, 1988

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G8 of 1988 ) GENERAL DIVISION )

BETWEEN:

KARINA FISHERIES PTY LTD and DINKO LUKIN

Applicants - and -

GRAHAM CHARLES EVANS

Respondent MINUTE OF ORDER JUDGE MAKING ORDER : FORSTER J. WHERE MADE $ ADELAIDE DATE OF ORDER : 1 JULY 1988

THE COURT ORDERS THAT:

The application for review be dismissed with costs.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

) ) SOUTH AUSTRALIA DISTRICT REGISTRY ) No. G8 of 1988 ) GENERAL DIVISION )

BETWEEN:

KARINA FISHERIES PTY LTD and DINKO LUKIN

Applicants - and -

GRAHAM CHARLES EVANS

Respondent

REASONS FOR JUDGMENT CORAM: FORSTER, J.:

This is an application under the Administrative Decisions (Judicial Review) Act 1977 ("the Act") to review two decisions of the respondent who is an official of the Department of Primary Industry. The first decision was made, or at least communicated to the applicant, on 12 November 1987 and the second is a decision recorded in a letter dated 20 January 1988 from the Australian Fisheries Service to the applicant's solicitors. The first decision was to limit the area in which Lukin and Sons might fish for pelagic species of fish with the vessel D-Three pursuant to its licence which previously had no restrictions as to area, the only restriction being as to the quantity of Southern Blue Fin tuna which might be taken, which was to be as approved from time to time by the Australian Fisheries Service. The method of fishing pursuant to the licence was to be by long line. The second decision confirmed the first decision. The