Pacific Century Production Pty Ltd v Watson [2001] FCA 1424

FEDERAL COURT OF AUSTRALIA

Pacific Century Production Pty Ltd v Watson [2001] FCA 1424

ADMINISTRATIVE LAW – judicial review – order into quarantine – goods likely to be infected with quarantinable diseases – meaning of "likely" – content of procedural fairness in circumstances of case. WORDS AND PHRASES – "likely" Quarantine Act 1908 (Cth) s 35 Kioa v West (1985) 159 CLR 550 applied.

PACIFIC CENTURY PRODUCTION PTY LTD v STEPHEN RONALD WATSON Q 178 OF 2001 WHITLAM, DOWSETT & STONE JJ 12 OCTOBER 2001 BRISBANE

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 178 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PACIFIC CENTURY PRODUCTION PTY LTD

APPELLANT

AND: STEPHEN RONALD WATSON

RESPONDENT

JUDGES: Whitlam, Dowsett & Stone JJ

DATE OF ORDER: 12 OCTOBER 2001

WHERE MADE: BRISBANE

THE COURT ORDERS THAT: 1. The appeal be dismissed. 2. The appellant pay the respondent's costs. Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.

IN THE FEDERAL COURT OF AUSTRALIA

QUEENSLAND DISTRICT REGISTRY Q 178 of 2001

ON APPEAL FROM A JUDGE OF THE FEDERAL COURT OF AUSTRALIA

BETWEEN: PACIFIC CENTURY PRODUCTION PTY LTD

APPELLANT

AND: STEPHEN RONALD WATSON

RESPONDENT

JUDGES: Whitlam, Dowsett & Stone JJ

DATE: 12 OCTOBER 2001

PLACE: BRISBANE

REASONS FOR JUDGMENT

WHITLAM J:

1 This is an appeal from a judgment of Kiefel J dismissing with costs an application for an order of review under the Administrative Decisions (Judicial Review) Act 1977 ("the ADJR Act"). The subject of the application was an order into quarantine given to the appellant on 7 August 2001 by the respondent, Steve Watson, under s 35 of the Quarantine Act 1908 ("the Act"). 2 Mr Watson is a Brisbane-based officer of the Australian Quarantine and Inspection Service ("AQIS") in the Department of Agriculture, Fisheries and Forestry ("the Department"). He is also a quarantine officer under the Act. Mr Watson ordered into quarantine goods described as follows: "1. All citrus and grape plants, and all plant material and plant products derived from those plants, located on the property known as Evergreen Farms, Gregory Highway, Emerald, Queensland. 2. All machinery and equipment located on that property that: (a) has come into contact with any plants, plant material or plant products referred to in Clause 1; or (b) has traversed fields or blocks on that property used for citrus or grape production."