Skoljarev, Ivo v Australian Fisheries Management Authority [1995] FCA 1087

C A T C H W O R D S ADMINISTRATIVE LAW - refusal by Tribunal to grant fishing permit under Fisheries Management Act 1991 (Cth) - failure by applicant to meet requirements of policy for grant of a permit - whether Tribunal failed to consider or give enough weight to the particular circumstances of the applicant - whether by application of policy the Tribunal abdicated its function of determining for itself whether the decision was correct or preferable - whether cogent reasons for departing from policy - whether error of law. Fisheries Act 1952 (Cth) - s.7B(10) Fisheries Management Act 1991 (Cth) - ss.3, 17, 32(1), South East Fishery (Individual Transferable Quota) Management Plan 1991 P W Adams Pty Ltd v Australian Fisheries Management Authority (unreported, 11 October 1995) Re Aston and Secretary, Department of Primary Industry (1985) 8 ALD 366 Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634 Re Evans and Secretary, Department of Primary Industry (1985) 8 ALD 627 Re Musgrave and Secretary, Department of Primary Industry (1986) 11 ALD 218 Re Robinson and Secretary, Department of Primary Industry (1986) 10 ALD 302. Re Sawyer and Secretary, Department of Primary Industry (1987) 12 ALD 523 Re Skoljarev and Australian Fisheries Management Authority (1992) 26 ALD 516 Austral Fisheries v Minister for Primary Industries & Energy (1992) 37 FCR 463 Minister for Primary Industries & Energy v Austral Fisheries Pty Ltd (1993) 40 FCR 381 Skoljarev v Secretary, Department of Primary Industries & Energy (1994) 51 FCR 57 IVO SKOLJAREV v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY No G 281 of 1995 Davies J Sydney 12 December 1995

IN THE FEDERAL COURT OF AUSTRALIA ) ) NEW SOUTH WALES DISTRICT REGISTRY ) No. G 281 of 1995 ) GENERAL DIVISION ) On appeal from the General Division of the Administrative Appeals Tribunal BETWEEN: IVO SKOLJAREV Applicant AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY Respondent Coram: Davies J. Date: 12 December 1995 Place: Sydney MINUTES OF ORDER THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The applicant pay the respondent's costs of the proceedings. NOTE: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.