P W Adams Pty Ltd v Australian Fisheries Management Authority [1998] FCA 18

FEDERAL COURT OF AUSTRALIA ADMINISTRATIVE LAW - fish and fisheries - grant of fishing permits to the applicant by the respondent - respondent obliged to take into account the objective of maximising economic efficiency in the exploitation of fisheries resources - finding by Tribunal that policy formulated by respondent complied with such objective - whether Tribunal took into account irrelevant considerations - whether Tribunal in error by limiting issues of debate - whether Tribunal erred in law by considering the economic efficiency of the policy of the respondent generally without specific consideration of its effect on the applicant - whether the allocation of catch quotas as a condition of fishing permits is a function of the respondent.

Fisheries Management Act 1991 (Cth), ss 3, 16, 32 Fisheries Administration Act 1991 (Cth), ss 5, 6, 7 Administrative Appeals Tribunal Act 1975 (Cth), ss 25, 44 P.W. Adams Pty Ltd v Australian Fisheries Management Authority (1995) 60 FCR 387, cited Australian Fisheries Management Authority v P.W. Adams Pty Ltd (1995) 61 FCR 314, cited Australian Fisheries Management Authority v P.W. Adams Pty Ltd (No 2) (1996) 66 FCR 349, cited Northern NSW FM Pty Limited v Australian Broadcasting Tribunal (1990) 26 FCR 39, cited Commonwealth Bank of Australia v Human Rights and Equal Opportunity Commission (Full Federal Court, 28 November 1997, unreported), cited Vaitaki v Minister for Immigration and Ethnic Affairs (Full Federal Court, 15 January 1998, unreported), cited Re Drake and Minister for Immigration and Ethnic Affairs (No 2) (1979) 2 ALD 634, applied P W ADAMS PTY LTD v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY NG 217 of 1997 BRANSON J SYDNEY 23 JANUARY 1998

IN THE FEDERAL COURT OF AUSTRALIA

NEW SOUTH WALES DISTRICT REGISTRY NG 217 of 1997

BETWEEN: P W ADAMS PTY LTD