Olbers Co Ltd v Commonwealth of Australia (No 2) [2003] FCA 177

FEDERAL COURT OF AUSTRALIA Olbers Co Ltd v Commonwealth of Australia (No 2) [2003] FCA 177 PRACTICE AND PROCEDURE – stay of proceedings – pending related criminal proceedings – corporate owner of fishing vessel – vessel apprehended in Southern Ocean – alleged commission of offences in Australian Fishing Zone – catch of Patagonian Toothfish – vessel allegedly forfeited to Commonwealth – proceedings instituted by corporation – crewmen facing criminal proceedings in relation to offences grounding forfeiture – corporation in position of defendant to statutory forfeiture and condemnation – principles governing discretion to order stay of civil proceedings pending criminal proceedings – stay refused. Fisheries Management Act 1991 (Cth) s 106A, s 84 Whim Creek Consolidated NL v Colgan (1991) 31 FCR 469 cited Cameron's Unit Services Pty Ltd v Kevin R Whelpton Associates (Australia) Pty Ltd (1984) 4 FCR 428 cited Western Australia v Bond Corporation Holdings Ltd and Others (No 2) (1992) 37 FCR 150 cited Olbers Co Ltd v Commonwealth of Australia [2002] FCA 1269 cited Willey v Synan (1935) 54 CLR 175 cited OLBERS CO LTD v THE COMMONWEALTH OF AUSTRALIA and AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY W151 OF 2002 FRENCH J 11 MARCH 2003 PERTH

IN THE FEDERAL COURT OF AUSTRALIA

WESTERN AUSTRALIA DISTRICT REGISTRY W151 OF 2002

BETWEEN: OLBERS CO LTD

APPLICANT

AND: THE COMMONWEALTH OF AUSTRALIA

FIRST RESPONDENT

AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY

SECOND RESPONDENT

JUDGE: FRENCH J

DATE OF ORDER: 11 MARCH 2003

WHERE MADE: PERTH

THE COURT ORDERS THAT: 1. The applicant's motion filed 15 October 2002 is dismissed. 2. The applicant is to pay the respondents' costs of the motion.

Note: Settlement and entry of orders is dealt with in Order 36 of the Federal Court Rules.