Ajka Pty Ltd v Australian Fisheries Management Authority [2003] FCA 248

FEDERAL COURT OF AUSTRALIA

Ajka Pty Ltd v Australian Fisheries Management Authority [2003] FCA 248 ADMINISTRATIVE LAW – Statutory discretion – appeal from decision of Administrative Appeals Tribunal – decision not to grant permit to applicant to fish skipjack tuna – whether Tribunal erred in law by failing to consider relevant considerations in reaching its decision – whether "prevailing circumstances" were relevant considerations – whether Tribunal erred in law by failing to refer to all the evidence in the reasons for decision – whether such failure is a failure to consider such evidence – extensive evidence adduced – unreasonable to expect Tribunal to refer to all of the evidence where Tribunal states it had considered the whole of the evidence. Administrative Appeals Tribunal Act 1975 (Cth) s 44 Fisheries Management Act 1991 (Cth) ss 3, 4, 16, 17, 32, 165 Fisheries Administration Act 1991 (Cth) ss 3, 5, 6, 72, 77 National Environment Protection Council Act 1994 (Cth) schedule 1, cl 3.5.1 Bannister Quest Pty Ltd v AFMA (1997) 77 FCR 503 referred to Re Drake and Minister for Immigration & Ethnic Affairs (No.2) (1979) 2 ALD 634 cited Skoljarev v AFMA (1995) 22 AAR 331 referred to Minister for Aboriginal Affairs v Peko-Wallsend Ltd (1986) 162 CLR 24 cited AFMA v Adams (1995) 61 FCR 314 referred to Teoh v Minister for Immigration and Ethnic Affairs (1994) 49 FCR 409 cited Deloitte Touche Tohmatsu v Australian Securities Commission (1996) 136 ALR 453 cited Latitude Fisheries Pty Ltd v AFMA [2002] FCA 416 cited AJKA PTY LTD v AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY S 47 of 2001 MANSFIELD J 26 MARCH 2003 ADELAIDE

IN THE FEDERAL COURT OF AUSTRALIA

SOUTH AUSTRALIA DISTRICT REGISTRY S 47 OF 2001

BETWEEN: AJKA PTY LTD

APPLICANT

AND: AUSTRALIAN FISHERIES MANAGEMENT AUTHORITY