Federal Court of Australia
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IN THE FEDERAL COURT OF AUSTRALIA
AUSTRALIAN CAPITAL TERRITORY
DISTRICT REGISTRY
GENERAL DI
JUDGE MAKI
DATE OF ORDER
WHERE MADE
THE COURT
JUDGMENT No. WL Q!O it
) ) No. ACT G 59 of 1991 ) ) )
VISTON BETWEEN: AUSTRALIAN LONGLINE INDUSTRIES PTY LIMITED and HWANG YONG Applicants AND: STEPHEN GEORGE CHURCH Respondent MINUTE OF ORDER NG ORDER : Neaves J.
20 December 1994
Canberra
ORDERS _ THAT:
The motion herein to join the Commonwealth of Australia as a respondent be dismissed.
The substantive application herein be dismissed.
The applicants pay the respondent's costs of and
incidental to the motion and the application, including reserved costs.
Note: Settlement and entry of orders is dealt with in Order
36 of the
Federal Court Rules.
21 DEC 1994
FEDERAL COURT OF
AUSTRALIA PRINCIPAL REGISTRY
IN THE FEDERAL COURT OF AUSTRALIA ) ) AUSTRALIAN CAPITAL TERRITORY ) ) No. ACT G 59 of 1991 DISTRICT REGISTRY ) ) )
GENERAL DIVISION
BETWEEN: AUSTRALIAN LONGLINE INDUSTRIES PTY LIMITED and HWANG YONG
Applicants
:
STEPHEN GEORGE CHURCH
Respondent
Neaves J.
DATE: 20 December 1994
REASONS FOR JUDGMENT
Before the Court is a motion on behalf of Australian Longline Industries Pty Limited and Hwang Yong ("the applicants") for leave to join the Commonwealth of Australia as a respondent to a proceeding brought by the applicants against Stephen George Church as respondent. The proceeding arises out of the action of the respondent in going aboard a fishing boat called "D Three", of which the first applicant
was said to be the charterer by demise, and serving on the
second applicant, the Master of the boat, a notice under
par.10(1)(e) of the Fisheries Act 1952 (Cth) signed by the r
2. respondent requiring the second applicant to bring the boat to Eden in the State of New South Wales and to remain in control of the boat at that place until an officer permitted him to depart from that place and in subsequently going aboard the boat and serving upon the second applicant a notice under par.10(1)(ea) of that Act requiring the second respondent to take the boat to Sydney Fish Market Wharf, Blackwattle Bay, Pyrmont, Sydney and to remain in control of the boat at that place until an officer permitted him to depart from that
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