Latitude Fisheries Pty Ltd v Australian Fisheries Management Authority [2002] FCA 416

FEDERAL COURT OF AUSTRALIA

Latitude Fisheries Pty Ltd v Australian Fisheries Management Authority [2002] FCA 416 FISHERIES – grant of fishing permit – tuna fishing in S/WTBF – Tribunal affirming decision not to grant permit – whether Tribunal in error of law – effect of promise made on sale of Northern Prawn Fishery permits under voluntary adjustment scheme – contracting powers of the Commonwealth – changes to legislation and the Australian Fisheries Management Authority policies between making of promise and application for permit – whether Tribunal in error of law in construing promise due to failure to take into account relevant circumstances – whether Tribunal erred in law in misconstruing promise – whether Tribunal erred in law in holding evidence of financial detriment not relevant – whether Tribunal erred in law in drawing inference of fact in relation to whether or not the sale of the units would have gone ahead without the promise – whether Tribunal in error of law in concluding not reasonable for it to be assumed promise would be unaffected by intervening changes in legislation and policy, due to failure to take into account certain relevant considerations – whether Tribunal in error of law applied incorrect test concerning public interest – whether Tribunal erred in law in failing to take into account relevant considerations in concluding the application for the fishing permit was "too late" – whether Tribunal erred in law in rejecting contentions for application of doctrine of estoppel – whether Tribunal in error of law in failing to take into account certain relevant considerations generally – whether Tribunal in error of law in misconstruing statute Administrative Appeals Tribunal Act 1975 (Cth) ss 33(1)(c), 44 Fisheries Administration Act 1991 (Cth) ss 3, 5, 6, 7, 10, 12(1), 13(1), 13(2), 13(3), 15,18, 21, 22, 25, 73, 74, 75, 80, 81, 83, 84, 87, 91 Fisheries Legislation (Consequential Provisions) Act 1991 (Cth) s 12 Fisheries Management Act 1991 (Cth) ss 3, 3(a), 4, 4(1), 6(a), 10, 16, 17, 17(10), 18, 18(1), 20, 32, 32(1), 32(2), 165 National Environment Protection Council Act 1994 (Cth) Fisheries Act 1952 (Cth) Hogg et al Liability of the Crown 3rd ed. 2000 at pp 220, 335, 340 - 342